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

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backfilled with imported materials including branches, tires, appliances and
construction debris.
5. The Division conducted an inspection of the Bucklen Pit on June 6,
2012. Mike and Randy Bucklen, on behalf of the Operator, accompanied the Division
on the inspection. The Division found a backfill operation occurring in Area A at the
site. The Division observed that the backfill material constituted trees, branches,
landscape waste, trash, metal debris, rubber debris, concrete and asphalt rubble, and
dirt. The Division measured the backfill area to be approximately 2.25 acres. The
Division estimates that approximately 86,700 cubic yards of material had been
placed. The Operator informed the Division that the Operator intends to donate the
backfilled area to the City of Greely, which plans to cover the area with four feet of
dirt. The Operator informed the Division that the area was being backfilled to
reduce the final augmentation requirement for the further exposed groundwater and
to provide a future access point for the Island Grove Park.
6. The Bucklen Pit is not an approved landfill and does not have a
Certificate of Designation from the Colorado Department of Health.
7. The approved mining plan for the site provides that Area A will be
reclaimed as an unlined pond and reclamation will be done using stripped and
stockpiled on-site materials. The reclamation plan does not mention or allow the
importation or backfilling of the site with off-site materials.
8. The Division was not notified of the Operator's intent to import backfill
materials, as required by Rule 3.1.5(9). Some of the material used as backfill is
non-inert.
9. On June 18, 2012, the Division sent the Operator a copy of the June 6,
2012 inspection report and a Reason to Believe a Violation Exists letter which
provided notice regarding the alleged violation and the August 2012 Board hearing.
On or about June 21, 2012, the Division received return receipts indicating the
Operator received the inspection report and the Reason to Believe a Violation
Exists letter.
10. The Operator failed to comply with the approved reclamation plan and
failed to notify the Division prior to importing backfill material to the site.
11. The Operator's failure to comply with the reclamation plan creates a
risk of future groundwater contamination and differential settlement due to
decomposition of unconsolidated fill.
Bucklen Equipment Company, Inc.
Bucklen Pit, M-1982-131
MV-2012-025 2