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Stevens, Jim 999 From: Humphries, Bruce Sent: Monday, December 27, 1999 2:08 PM To: Stevens, Jim Cc: Long, Mike Subject: Phone calls to Kent Hirshey Jim I talked to Mr. Hirshey today. My first call to him, he seemed calm, but he said that we were at fault for giving the county the permit at a site that included an old landfill. He was concerned about contamination of his ground water and the spreading of contaminated material around the county. He wanted to know why we had not been on the site without him. That our going on the site with the county and not him was a criminal trespass. We also discussed the right of entry issue for the approved application. I told him that we were in contact with our AGO on that issue as to how that affected the permit approval. He insisted that we seek a TRO against the county to stop the activity. 1 told him that could not issue a CBD, that only the Board could do that. Also, I could not do anything further until I talked with the AGO about the issue and a TRO. He said that the AGO would not do anything since Salazar was from that area. He wanted us to hold the board hearing in Jan rather than Feb. He kept threatening a takings action against the county and state. I called him back and told him that I had attempted to contact the CDHHWM, left a message with Glen Mallory to call me or him directly about using landfill waste on county roads. I also told him that we had re-scheduled the possible violation hearing for Jan rather than Feb. He seemed to be happy with that. I looked through the file on the land fill issue then called him back again. I told him that according to the file, that issue was reviewed by Jim S. and that the county had agreed to stay out of the landfill area and that the actual area of mining according to the file was south and east of the landfill site. If they encountered waste material, the area would be cleaned up and the material would be properly disposed of in an approved land fill. I asked him if he had knowledge of the county mining in that area. That we would consider that a possible violation of the permit and would want to take that issue to the Board. He became very angry and said that we had no right to permit a site that was a landfill. 1 told him that we did not permit a landfill site as a gravel mine. That the permit prohibited the county from mining in the area of the landfill. He wanted to know how they would know if they were mining in a landfill? I told him that landfill material would likely be visible. He was concerned that contaminated ground water would prevent him form selling his property. He had a buyer on hold until this issue was resolved. 1 told him that in 99% of the cases ground water contamination at a gravel mine is not an issue. Generally the issue is water quantity. That where ground water quality is an issue it is not difficult to figure out the rate and direction of flow and to monitor for impacts. If problems are detected, then a plan can be put in place to clean up the problem. He again said that iF we had been doing our job we would not have permitted a landfill as a gravel mine. I said again that we had not. That the county was required by their permit to stay out of the area of the landfill. He said that Jim and I were personally liable and that he would see us in district court and would tear us apart. He wanted to know who my supervisor is. I told him that Mike was on vacation and would not be back until next week. He became even more angry and said that we had no business taking vacations, that we should be protecting the environment and his rights, rather than siding with the county. He then proceed to call me names and hung-up. Jim I have talked with Glen Mallory (303) 692 3445. He would like to have one of his people do a joint inspection with you. We should do one when we can see the ground surface if possible but prior to the Jan Board hearing. Glen may also want to attend the Jan Board hearing. He said that if the county accidentally opens up the old landfill they would probably consider that to be a problem. Although they could deal with it as a violation. Also, if the county transported landfill material offsite, that could be a violation.