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against the Operator based on thirty-four days of violation at $100 to $1,000 per day <br />for a civil penalty of $3,400 to $34,000. <br />15. The Board may find a financial warranty subject to forfeiture where a <br />prospector failed to cure a default under a performance warranty despite written <br />notice of the default and ample time to cure such default. C.R.S. § 34-32-118(1)(b) <br />(2016). Prospector's violation of provisions of the Act and Rules constitutes <br />Prospector's default under its performance warranty. Prospector defaulted on its <br />performance warranty, received written notice of the default, and failed to cure <br />such default. <br />ORDER <br />Prospector did not appear in this matter to present any mitigating factors. <br />There is no information before the Board indicating that any action other than the <br />requested action is appropriate. Therefore, based on the foregoing findings of fact <br />and conclusions of law, the Board enters the following order: <br />The Board finds Eustice Zacher in violation of the Act, under sections 34-32- <br />116(4) and -127(2), C.R.S., and Rules for failing to submit required annual fees, <br />annual reports, and maps. <br />The Board finds Eustice Zacher in violation of the NOI. <br />Eustice Zacher shall CEASE AND DESIST all prospecting activities at <br />all areas within the NOI site until Prospector has complied with all corrective <br />actions set forth in this order to the satisfaction of the Division and the Board. <br />The Board imposes the following CORRECTIVE ACTION against Prospector; <br />Eustice Zacher 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-2014-021 is REVOKED. <br />The Board imposes a CIVIL PENALTY for thirty-four days of violation at one <br />hundred dollars per day for a total civil penalty of $3,400. All but $1,000 of the civil <br />penalty is suspended if the Operator complies with the corrective action in the time <br />specified. The portion of the civil penalty not suspended, $1,00, shall be due and <br />payable within thirty days of the effective date of this Order. If the Operator does <br />not timely comply with the corrective action set forth in this Order, then the <br />suspended penalties, $2,400, shall be due and payable in full within thirty days of <br />the deadline for completion of the corrective action. Failure to timely submit any <br />due and unpaid civil penalties shall result in immediate submittal of such penalties <br />to State collections. <br />Eustice Zacher <br />P-2014-0211 EZ Ranch — EZ 6 Claim <br />PV -2017-008 <br />3 <br />