2012-10-03_ENFORCEMENT - M1982131

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BUCKLEN EQUIPMENT COMPANY I AGENDA '—!1- 1q1 )3) .Gravel Mine Compliance Planning /October 3, 2012 9:00 a.m. — 10:15 a.m. Location: Weld County Planning Offices; 1555 N 17 Ave, Greeley 80631; Second Floor; Parking in North Lot; map sent to attendees via email Mo. ✓ Meeting called by: Carrie Herbolsheimer, PE — Applegate Group, Inc. Attendees: See attached Sheet Purpose: The purpose of this meeting is to discuss the resolution of compliance issues at the Bucklen Equipment Company Gravel Mine, to find a solution that works for all parties, and to determine the permitting requirements for the selected alternative. Introductions Brief Recap of Recent DRMS Findings • Material was placed in the pit shown in the aerial maps not in accordance with the mining permit in place. • The material included putrescible material which is not allowed by the DRMS Rules and Regulations. • Approximately 80,000 cy (on the high end) of material was placed over 5 -6 years. • The DRMS Board Order requires that all material be removed within 210 days, by March 21, 2013. Alternatively, a Technical Revision can be submitted outlining plan to remove any putrescible material, and leave the inert material in place. A schedule with milestones should be included in the Technical Revision, which is due by March 21, 2013 if the first alternative is not selected. • The DRMS will require an affidavit from the Bucklen Equipment Company that all material remaining in the pit is inert. The Company will have to determine how to define that statement (i.e. no more than 5% organics, any organics remaining at a compactable size). Brief Description of Material to be Removed • After the Bucklen Equipment Company received the notice of violation, Randy attended the MLR Board hearing, where the findings were as described above. • He has attempted to sort the material in the pit, but he would rather transport the upper layer of the material out of the pit to be sorted where he has more room to stage. The material in the lower layers will be easier to sort in place and has less putrescible material. • The material was placed in the pit in order to provide access for adjoining lake to the City of Greeley. The property would be donated to the City and would be utilized as a tent camping and picnic area. No structures would be placed on the lot. • The material that was placed in the pit is all from customers of the Bucklen Equipment Company gravel mine. The top layer has a higher proportion of trees and limbs because it was used as a disposal site for trees and limbs that were downed in recent weather events. Regulatory Agency Meeting October 3, 2012