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3. The Operator failed to submit an annual report and failed to submit an annual fee of $225.00 <br />to the Division in a timely manner. After mailing notices to the Operator requesting an <br />annual report and payment of the annual fee, the Division issued violation MV-2005-061 on <br />December 20, 2005 for failure to submit an annual report and pay the annual fee. The <br />Division also assessed a civil penalty of $225.00 against the Operator, in addition to the <br />annual fee. <br />4. On January 20, 2006, the Operator submitted the annual report and paid the annual fee. The <br />Operator now requests a waiver of the $225.00 civil penalty. <br />5. Upon the recommendation of the Division and to encourage compliance with annual filing <br />requirements, it is appropriate for the Boazd to waive the $225.00 civil penalty assessed <br />against the Operator. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby waives the <br />$225.00 civil penalty assessed against the Operator. <br />DATED this day of /~~,f~xi~ , 2006. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />ra f/ltt~ <br />Harry J. J e ick hair, Mined Land <br />Reclamation Board <br />