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3. The Permittee failed to submit an annual report and failed to submit an annual fee of <br />$688.00 to the Division in a timely manner. After mailing two notices to the Operator <br />requesting an annual report and payment of the annual fee, the Division issued violation <br />MV-2004-061 on November 10, 2004 for failure to submit an annual report and pay the <br />annual fee. The Division also assessed a civil penalty of $688.00 against the Operator, in <br />addition to the annual fee. <br />4. The Operator subsequently submitted the annual report and paid the annual fee. The <br />Operator now requests a waiver of the $688.00 civil penalty. The Operator explained in <br />correspondence that mining is complete on the site and that reclamation has begun. The. <br />Operator was unaware that it was required to submit annual reports and fees once mining <br />had been completed. <br />5. Upon the recommendation of the Division and fo encourage compliance with annual filing <br />requirements, it is appropriate for the Board to waive the $688.00 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 />$688.00 civil penalty assessed against the Operator. <br />DATED this ~~ay of ~ ~ ~, , 2005. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />'~.1 T. e ' <br />Michael T. Nelligan, Chair, fined a d <br />Reclamation Board <br />