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/~~~e9aTla~t s <br />r <br />~.~,~ STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />James B. Marlin, Executive Director <br />Detlica[etl to protecting and improving the health antl environment of the people of Coloratlo <br />4300 Cherry Creek Dr. S. <br />Denver, Coloratlo 60246-1530 <br />Phone (303) 692-2000 <br />TDD Line (303} 697-7700 <br />Located in Glendale, Colorado <br />hitp://www.cdphe.state.co. us <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230-6928 <br />(303j 692-3090 <br />oF'coto <br />fQ~ <br />r~ O <br />*i~~°" ~ <br />Y /696 ~ <br />Colorado Department <br />~/~' of Public Health <br />I and Envirotunent <br />July 27, 2007 <br />R~C~AVED RECEIVED cDPNL~ <br />Mr. John Whitley AUG 0 ~ 20Q7 /JUL 3.0 2007 <br />1549 CR 17 Division of Reclamation, <br />Gunnison, CO 81230 Mining and Safety GRAND JUNC710N FIELD OFFICE <br />DMSION OF <br />RECLAMATION MINING & SAFEN <br />Mr. Neal Starkebaum <br />Assistant Director of Planning <br />~,~(t}, Gunnison County Planning Department <br />~~ ~~ "" Blackstock Government Center ~M _ ! c7c~ y _ ©G <br />221 N. Wisconsin St., Ste. D <br />Gunnison, CO 81230 <br />Gentlemen, <br />This letter serves to document and discuss findings from allegations presented by Mr. John "Rusty" <br />Whitley to the Department. I fielded a phone call from Mr. Whitley on July 16, 2007 at my office in <br />Grand Junction. He was referred to me from Remedial Programs for follow up on allegations he was <br />making relative to the possible disposal of uranium mill tailings on private property. Mr. Whitley also <br />explained he had numerous other allegations about behavior of local officials and contractors. I agreed <br />to meet with Mr. Whitley to investigate the allegations. <br />I met with Mr. Whitley and his wife Yvette, on July 17, 2007 at their home at 1549 C.R. 17, Gunnison. <br />Upon arrival, Mr. Whitley presented me with a copy of an 18-page packet. The allegations pertain to a <br />gravel pit operation and construction yard that is uphill of the Whitley's property operated by Schmalz <br />Construction of Gunnison. <br />I have categorized the allegations that are relevant to the Department as follows: <br />1) The property is not currently permitted as a gravel operation or as a construction yard, <br />2) sewer effluent was illegally dumped on the property some years ago, <br />3) petroleum asphalt refuse was processed and dumped on the property, <br />4} the City removed 8 feet of material for a street project instead of 8 inches for repaving, <br />and that these materials were possible uranium mill tailings-impacted, and <br />