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15. The Board may impose a civil penalty of not less than $100 per day or more <br /> than$1,000 per day for each day during which a violation occurs. C.R.S. § 34-32-124(7). <br /> Here,the Board may impose a penalty based on forty-four days of violation (from the <br /> March 24,2017 Reason to Believe letter to the April 27,2017 bearing)at$100 to$1,000 <br /> per clay for a civil penalty of$4,400 to$44,000. <br /> ORDER <br /> Prospector did not appear in this matter to present any mitigating factors. There is <br /> no information before the Board indicating that any action other than the requested action <br /> is appropriate. Therefore,based on the foregoing findings of fact and conclusions of law, <br /> the Board enters the following order. <br /> The Board finds in violation of the Act,under sections 34-32-116(4) and-127(2), <br /> C.R.S.,and Rules for failing to submit required annual fees,annual reports,and maps. <br /> The Board finds Total E&P USA Oil Shale, LLC in violation of the NOL <br /> Total E&P USA Oil Shale, LLC shall CEASE AND DESIST all prospecting activities <br /> at all areas within the NOI site until Prospector has complied with all corrective actions <br /> set forth in this order to the satisfaction of the Division and the Board. <br /> The Board imposes the following CORRECTIVE ACTION against Prospector: Total <br /> E&P USA Oil Shale, LLC shall,within ten days of the effective date of this Order, (a) submit <br /> the annual report and map,and (b) pay the annual fee in the total amount of$86. <br /> The Board orders that Notice of Intent number P-2.014-022 is REVOKED. <br /> The Board finds the financial warranty for Notice of Intent number P-2009-010 to <br /> be subject to forfeiture under section 34-32-118(1)(b), C.R.S. for Prospector's failure to <br /> cure a default under its performance warranty. <br /> The Board directs the Division to, in accordance with section 34-32-119(2), C.R.S., <br /> notify Prospector that the financial warranty is subject to forfeiture and of its right to <br /> appear at a Board hearing to consider whether the financial warranty for the NOI should be <br /> forfeited, such hearing to be held at least thirty days after receipt of such notice. <br /> The Board directs the Division to,if Prospector fails to cure the violations cited in this <br /> Order within ten days of the effective date of this Order,schedule this matter for a hearing to <br /> consider forfeiture of the financial warranty for the NOI at the next available Board meeting <br /> after the required notification is issued to Prospector,at least thirty days after receipt of <br /> such notice. <br /> The Board imposes a CIVIL PENALTY of$4,400 pursuant to section 34-32-124(7), <br /> C.R.S. All but$1,000 of the total civil penalty is suspended if the Operator complies with <br /> the corrective action in the time specified. The portion of the civil penalty not suspended, <br /> Total E&P USA Oil Shale,LLC <br /> P-2014-022 <br /> PV-2017-003 3 <br />