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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />June 18, 2012 <br />Mr. Mike Bucklen <br />Bucklen Equipment Company, Inc. <br />804 N 25 Ave <br />Greeley, CO 80631 <br />Re: Bucklen Equipment Company, Inc., DRMS File No. M- 1982 -131, <br />Reason to Believe a Violation Exists at Bucklen Equipment Company Pit - Backfilling <br />Dear Mr. Bucklen, <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John Hickenlooper <br />Govemor <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />On June 6, 2012, the Division of Reclamation, Mining and Safety (Division /DRMS) conducted an <br />inspection of the Bucklen Equipment Company Pit operated by Bucklen Equipment Company, <br />Inc. (Operator). During the inspection it was revealed the Operator was importing backfill <br />material from off -site locations and backfilling a portion of the site. The Division files have no <br />record of a request from the Operator for a revision to the Reclamation Plan and to include <br />importation of backfill material from off site. <br />The Division therefore has reason to believe this is a violation of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials and the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for the Extraction of Construction Materials: <br />• C.R.S 34- 32.5- 116(1) states "Every operator to whom a permit is issued pursuant to this <br />article shall perform the reclamation prescribed by the reclamation plan adapted <br />pursuant to this section." <br />• Rule 3.1.5(9) for failure to comply with the approved Reclamation Plan and failure to <br />notify the Division prior to importing backfill material. <br />Therefore, we have reason to believe that a violation exists to DRMS File Number M- 1982 -131 <br />and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the August 8 and 9 2012 Board Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. on August 8 or as soon thereafter as the <br />matter can be considered. At that hearing you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />