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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-2014-021 /EZ Ranch—EZ 6 Claim <br /> PV-2017-008 3 <br />