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17. The Board may issue a cease and desist order when it determines that a <br /> provision of the Act has been violated. C.R.S. § 34-32-124(2) (2016). Prospector <br /> violated the Act, specifically section 34-32-116(4), C.R.S. <br /> 18. The Board may impose a civil penalty of not less than $100 per day or <br /> more than $1,000 per day for each day during which a violation occurs. C.R.S. § 34-32- <br /> 124(7). Here, the Board may impose a penalty based on thirty-two days of violation at <br /> $100 to $1,000 per day for a civil penalty of$3,200 to $32,000. <br /> ORDER <br /> Prospector did not appear in this matter to present any mitigating factors. There <br /> is no information before the Board indicating that any action other than the requested <br /> action is appropriate. Therefore, based on the foregoing findings of fact and <br /> conclusions of law, the Board hereby enters the following order: <br /> The Board hereby finds Prospector in violation of section 34-32-116(4), C.R.S. <br /> and Rule 5.6. <br /> The Board hereby revokes NOI number P-2009-018 in accordance with section 34- <br /> 32-124(6), C.R.S.for violating the NOI by failing to submit an annual report, map, and <br /> annual fee within sixty days of the NOI anniversary date in violation of the Act. <br /> Operator shall CEASE AND DESIST any further mining activities at the site until <br /> Prospector has resolved the violation to the satisfaction of the Division and the Board. <br /> The Board imposes against Prospector the following CORRECTIVE ACTION: The <br /> Operator shall,within ten days of the effective date of this Order, submit to the Division all <br /> delinquent annual reports, annual fees, annual maps, and civil penalty. <br /> The Board imposes a CIVIL PENALTY for thirty-two days of violation pursuant to <br /> section 34-32-124(7), C.R.S. at$125 per day for a civil penalty of$4,000. All but <br /> $1,000 of such civil penalty is suspended if Operator timely complies with all the <br /> corrective actions set forth in this Order. If Operator does not timely comply with the <br /> corrective actions set forth above, then the suspended civil penalty, in the total amount <br /> of$3,000, shall be due and payable. Failure to submit any due and unpaid civil <br /> penalties by the date specified above shall result in immediate submittal of such <br /> penalties to State collections. <br /> The Board finds that, in accordance with section 34-32-118(1)(b), C.R.S., the <br /> financial warranty for NOI number P-2009-018 is subject to forfeiture. In accordance <br /> with section 34-32-118(2), C.R.S., the Board directs the Division to notify Prospector <br /> and all financial warrantors that the financial warranty for NOI number P-2009-018 may <br /> be ordered forfeited at a Board hearing to be held at least thirty days after receipt of <br /> such notice. <br /> Red Arrow Gold Corporation <br /> P-2009-018 <br /> PV-2017-005 3 <br />