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Reclamation, Mining and Safety ("Division"). The Prior Operator had failed to submit an <br />annual report to the Division of Reclamation, Minerals and Safety ("Division") in a timely <br />manner. The Division issued violation MV-2006-034 to the Prior Operator on August 11, <br />2006 for failure to submit an annual report. The Division also assessed a civil penalty of <br />$281.00 against the Prior Operator for failure to pay the annual fee. Because an operator <br />assumes all liability for reclamation of the affected land if the required financial warranties <br />are posted pursuant to Section 34-32.5-119 of the Act, the Operator became liable for the <br />Prior Operator's civil penalty. <br />4. The Operator submitted an annual report and annual fee on October 18, 2006. The Operator <br />now requests a waiver of the $281.00 civil penalty originally assessed against the Prior <br />Operator but now owed by the Operator. <br />Upon the recommendation of the Division and to encourage compliance with annual filing <br />requirements, it is appropriate for the Board to waive the $281.00 civil penalty assessed <br />against the Prior Operator but now owed by the Operator. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby waives the <br />$281.00 civic penalty owed by the Operator. <br />~t <br />DATED this ~~ day of <br />FOR THE COLORADO MINED LAND R$CLAMATION BOARD <br />~~ <br />Mined Land Reclamation <br />2007. <br />Elk Creek WCP, M-1978-208 2 <br />T)ecember 13, 2006 <br />