2012-08-23_ENFORCEMENT - M1982131 ‎(2)‎

• Permit No: M1982131
• IBM Index Class Name: Enforcement
• Doc Date: 8/23/2012
• Doc Name: Findings of Fact, Conclusions of Law and Order
• From: MLRB
• To: Bucklen Equipment Company, Inc.
• Violation No.: MV-2012-025
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
Notice of Violation No. MV-2012-025
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER
IN THE MATTER OF THE NOTICE OF POSSIBLE VIOLATION BY BUCKLEN
EQUIPMENT COMPANY, INC., POSSIBLE VIOLATION, CEASE AND DESIST
ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILURE TO
COMPLY WITH THE APPROVED RECLAMATION PLAN File No. M-1982-131
THIS MATTER came before the Mined Land Reclamation Board ("Board") on
August 9, 2012 in Denver, Colorado to consider a possible violation, cease and desist
order, corrective actions, and civil penalties against Bucklen Equipment Company,
Inc. ("Operator") for failing to comply with the approved reclamation plan, file
number M-1982-131. Peter Hays appeared on behalf of the Division of Reclamation,
Mining and Safety ("Division"). Randy Bucklen and Ashlie Clark appeared on
behalf of the Operator.
The Board, having considered the materials presented with this matter, the
parties'presentations, and having been otherwise fully informed of the facts in this
matter, hereby enters the following.
FINDINGS OF FACT
1. The Operator holds a 112c permit, number M-1982-131, for a 77-acre
sand and gravel operation. The site, known as the Bucklen Pit, is located in Section
31, Township 6 North, Range 65 West, 6th Principal Meridian, Weld County,
Colorado. The site is located approximately one mile north of Greeley, Colorado.
2. The Division issued a 112c permit for the Bucklen Pit on September
20, 1982.
3. In 1993, the Division approved a permit amendment to expand the site
by 58.9 acres to its current 77 acres. The amendment comprised two areas, Area A
and Area B: Area A is approximately 30 acres, is the mining area, and is located
along the Cache La Poudre River; Area B is approximately 24 acres and is used for
stockpiling material and equipment storage. The approved reclamation plan states
that the Operator will reclaim Area A as an unlined pond to be used as a private
recreational facility. The reclamation plan does not provide for importing material
or backfilling the site with off-site material.
4. On May 21, 2012, the Division inspected the Island Grove site (permit
number M-2000-010, permitted by the City of Greeley), located adjacent to the
Bucklen Pit. During the inspection, the Division noticed the Bucklen Pit being