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2025-04-08_ENFORCEMENT - M1991054
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2025-04-08_ENFORCEMENT - M1991054
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Last modified
5/5/2025 8:45:16 AM
Creation date
4/8/2025 9:51:24 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1991054
IBM Index Class Name
Enforcement
Doc Date
4/8/2025
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 A POSSIBLE VIOLATION BY INDIAN CREEK MINING <br /> CORP. for failure to comply with Board Order, CEASE AND DESIST ORDER, <br /> PERMIT REVOCATION, AND FINDING THE FINANCIAL WARRANTY <br /> SUBJECT TO FORFEITURE FOR FAILURE TO COMPLY WITH A BOARD <br /> ORDER, File No. M-1991-054 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> February 19, 2025, to consider a possible violation by Indian Creek Mining Corp. <br /> ("Operator"), cease and desist order, permit revocation, and finding the financial <br /> warranty subject to forfeiture for failure to comply with a Board Order, file number <br /> M-1991-054. There were no appearances on behalf of the Operator. Todd Jesse <br /> appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> The Board, having considered the testimony and materials presented and <br /> having been otherwise fully informed of the facts in the matter, enters the <br /> 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. In an Order effective November 19, 2024 (the "November 2024 Order"), <br /> the Board found Operator in violation of section 34-32-116(3), C.R.S., for failure to <br /> submit the required annual report, map, and fee. The Board issued a cease-and- <br /> desist order, imposed civil penalties, and required the Operator to submit the <br /> missing annual report, map, and fee within 30 days of the Board's September 18, <br /> 2024 meeting. <br /> 3. The Operator did not submit the required annual report, map, and fee <br /> as required by the November 2024 Order. <br /> 4. On January 9, 2025, the Division mailed the Operator a Reason to <br /> Believe a Violation Exists letter stating alleged violations for failure to comply with <br /> the conditions of an order, permit, or regulations. The letter also provided details <br /> regarding a hearing on this matter scheduled for February 19, 2025. <br />
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