2009-07-20_INSPECTION - M1977094

• Permit No: M1977094
• IBM Index Class Name: INSPECTION
• Doc Date: 7/20/2009
• Doc Name: Complaint
• From: Schilken & Kautt, PC
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

n
SCHILKEN & KAUTT, PC
ATTORNEYS AND COUNSELORS AT LAW
0 8011 925 W. KPhone (303 762 1954910 cFax ([phone]

Attorneys:
Bruce A. Schilken
Richard W. Kautt
Patrick A. Schilken
(also admitted in Nebraska)
Legal Assistants:
Lorraine D. Reeh
Sandra N. Racelis
Michelle C. Vaala
April 22, 2009
Barbara Gorrell
Planning Administrator
Morgan County Government
231 Ensign
P.O. Box 596
Fort Morgan, CO 80701
RE: Morgan Sand and Gravel
Use by Special Review
SE1/4NW1/4 and SW1/4NE1/4, Section 34, T5R58W of the 6t'PM (Property)
Dear Ms. Gorrell:
Our Firm represents Longacre Ran ch, RLLLP. At the request of the Longacres, I have prepared a
sequence of events surrounding-.4 dumping of asbestos laden material on the Longacre's land.
LETTER DATED DECEMBER 15, 2008
On December 15, 2008, William Schell, Attorney for the Longacre family sent a letter to the
Colorado Department of Public Health (Exhibit. A). This letter outlines, among other issues, the
discovery of asbestos laden materials wrongfully dumped on the Longacre's property. In support
of Mr. Schell's findings, attached are the soils tests from Hamer Environmental.
SITE VISIT COLORADO DEPARTMENT OF HEALTH
On February 12, 2009, members from the Colorado Department of Public Health, Ms. Cindy
Smith and Mr. Darrel Dearborn, and Bill Bond from Hamer Environmental, John and Donald
Longacre visited the area around the Property. The purpose of this visit was to located and
identify the asbestos laden materials and to inspect dirt tailings from the Morgan Sand and
Gravel that have migrated on the Longacre Property. Attached as Exhibit B is the field report
from Hamer Environmental. It is believed that an internal report of the field visit was generated
by the Colorado Department of Public Health. As this was an internal report, it was not available