Laserfiche WebLink
<br /> <br />WILLIAM M. SCHELL <br />MARLIN D. OPPERmAN (1938-2002) <br />EXHIBIT A <br />MORGAN COUNTY COMMISSIONERS <br />COMPLAINT <br />MORGAN SAND AND GRAVEL <br />OPPERMAN & SCHELL, P.C. <br />ATTORNEYS AT LAW <br />3609 SOUTH WADSWORTH BLvD., SUITE 140 <br />LAKEWoOD, COLORADO 80235 <br />W W W.OPPERMANL AY MW.com <br />'I ELuHONE (303) 623-1970 <br />"I'ELEcOPIER (303) 893-9328 <br />Buu,oPPERMANLA WFiRm. COM <br /> <br />December 15, 2008 <br />Colorado Department of Public Health and Environment <br />Hazardous Materials and Waste Management Division <br />Asbestos Contaminated Soil <br />Attn: Solid Waste Unit Leader <br />4300 Cherry Creek Drive South <br />Denver, CO 80246-1530 VIA email: comments.hmwmd@state.co.us <br />Dear Sir or Madam: <br />I am sending this letter to notify the Department of recent activities taking place in Morgan <br />County which are likely to disturb asbestos contaminated soil. <br />My clients are the Longacre family who own property adjacent to property owned by the <br />Westhoff family and located in the SE1/4 of the NW1/4 and SWl/4 of the NE1/4 Section 34, T 5 <br />N, R 58 W of the 6' P.M. The SE/1/4 of the NW/14 of Section 34 is currently being considered as <br />a site for a construction debris storage and recycling operation under a Special Use Permit by <br />Morgan County, under the county's land use and zoning regulations. The S W 1 /4 of the NE 1 /4 of <br />Section 34 is the subject of a gravel mining permit issued by the State of Colorado, Division of <br />Reclamation Mining & Safety under the name Morgan Sand and Gravel, Westhoff Pit, Permit No. <br />M-1977-094. <br />As part of the Special Use Permit review, my clients opposed the issuance of the permit on <br />several grounds, one of which is that the SE1/4 of the NW1/4 of Section 34 has been used by the <br />Westhoff family and Morgan Sand and Gravel as a unlicensed construction debris site and may well <br />be contaminated with hazardous substances. Attached are several photographs showing some of <br />these debris. The debris have also been placed on the Longacre property without their permission. <br />To check the likelihood of the existence of hazardous substances, the Longacre family hired, Harper <br />Environmental Management, Inc. to perform a survey on the Longacre property adjacent to the <br />Westhoff property in the areas where the Westhoff family had previously dumped debis. During this <br />survey, Harper Environmental discovered several materials on the surface and in the soil which it <br />sampled and tested for asbestos. The results of the testing showed the existence of asbestos in the <br />soil in excess of safe standards. A copy of Hamer Environmental's report and location map are <br />attached.