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~. <br />scheduled Boazd hearing (November 16, 2005) or a total of 41 days. It is also appropriate to <br />assess the Operator civil penalties of $566.40, based on 10 hours of staff time at $56.64 per <br />hour, to cover the Division's costs to investigate this violation. It is appropriate to assess <br />these civil penalties pursuant to Section 34-32.5-123 of the Act. <br />9. Because the Operator violated the Act, it is appropriate for the Boazd to issue a cease and <br />desist order prohibiting further operations outside of the permit boundaries until the mining <br />operation is properly permitted or the entire site is reclaimed. However, it is appropriate to <br />allow the Operator to gather, mazket and sell sandstone that has already been cut. It is <br />appropriate for the Board to order the Operator to undertake corrective actions, namely to <br />obtain approval of a Section 110 Reclamation Permit for the entire operation by March 31, <br />2006. It is further appropriate for the Boazd to order the Operator to post an interim <br />reclamation bond in the amount of $6,000.00 to ensure reclamation of the site, with such <br />bond to be posted by January 31, 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 Reclamation Permit for the site <br />by March 31, 2006. However, the Operator is allowed to gather, market and sell the <br />sandstone that has already been cut at the site. The Board hereby orders the Operator to pay <br />civil penalties in the amount of $41,566.40 based on 41 days of violations at $1,000.00 per <br />day, as calculated above, plus costs of $566.40 incurred by the Division staff in investigating <br />this matter. The sum of $566.40 shall be due and payable to the Division within 30 days of <br />the mailing of a signed Board Order. All but $566.40 of the total civil pena]ty of $41,566.40 <br />