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