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