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2024-11-19_ENFORCEMENT - M1991054
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2024-11-19_ENFORCEMENT - M1991054
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Last modified
12/17/2024 10:01:10 AM
Creation date
11/19/2024 1:56:00 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1991054
IBM Index Class Name
Enforcement
Doc Date
11/19/2024
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Don Flickinger - Indian Creek Mining Corp
Violation No.
MV2024021
Email Name
CMM
TJ1
THM
Media Type
D
Archive
No
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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2024-021 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE POSSIBLE VIOLATION OF INDIAN CREEK MINING <br /> CORP., CORRECTIVE ACTION, CEASE AND DESIST ORDER, AND CIVIL <br /> PENALTY FOR FAILING TO PAY ANNUAL FEES AND FAILURE TO SUBMIT <br /> ANNUAL REPORTS, File No. M-1991-054 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> September 18, 2024, to consider a possible violation by Indian Creek Mining Corp. <br /> ("Operator"), corrective action, cease and desist order, and civil penalty for failing to <br /> pay annual fees and failure to submit annual reports, file number M-1991-054. <br /> There were no appearances on behalf of the Operator. Todd Jesse appeared on <br /> behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> The Board, having considered the materials presented and having been <br /> otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 110(1) permit for a 1.9-acre gold and silver <br /> mining operation. The site is located in Section 19, Township 47 North, Range 7 <br /> East, 6th Principal Meridian in Saguache County, Colorado. <br /> 2. Operator's annual report, map, and fee were due on May 29, 2024. The <br /> Division never received a submittal by Operator. <br /> 3. On July 9, 2024, the Division mailed the Operator a Reason to Believe <br /> a Violation Exists letter stating alleged violations for failure to submit the required <br /> annual report, map, and fee. The letter also provided details regarding a hearing on <br /> this matter scheduled for September 18, 2024. <br /> 4. On August 23, 2024, the Division received the Reason to Believe a <br /> Violation Exists letter marked "Return to Sender, Unclaimed, Unable to Forward" <br /> by the U.S. Postal Service. <br /> 5. Operator failed to submit the annual report, fee, and map for 2024, as <br /> required by sections 34-32-116(3) and (4), C.R.S. <br />
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