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9. Because the evidence shows the Operator engaged in a new operation without first obtaining <br />a reclamation permit, it is appropriate for the Board to assess civil penalties of not less than <br />$1,000.00 per day nor more than $5,000.00 per day for each day the land has been affected, <br />calculated from the date of the Division inspection (March 20, 2006) through the date of the <br />Board hearing (June 14, 2006) or a total of 51 days. It is also appropriate to assess the <br />Operator civil penalties of $566.40, based on 10 hours of staff time at $56.64 per hour, to <br />cover the Division's costs to investigate this violation. It is appropriate to assess these civil <br />penalties pursuant to Section 34-32.5-123 ofthe Act. <br />10. Because the evidence shows the Operator violated the Act, it is appropriate for the Board to <br />issue a cease and desist order prohibiting further mining activities at the site until the mining <br />operation is properly permitted or the entire site is reclaimed. It is likewise appropriate for <br />the Board to order the Operator to undertake corrective actions, namely to obtain approval of <br />a Section 110 Reclamation Permit for the operation by July 17, 2006 and, per staff <br />recommendation, to install silt fencing at the point where stonnwater enters wetlands to the <br />west. It is further appropriate for the Board to order the Operator to post an interim <br />reclamation bond in the amount of $7,500.00 to ensure reclamation of the site, with such <br />bond to be posted by July 1, 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. The Board hereby orders the Operator to undertake correction actions, namely to <br />obtain approval of a Section 1 10 Reclamation Permit for the operation by July 17, 2006 and, per <br />staff recommendation, to install silt fencing at the point where stormwater enters wetlands to the <br />