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L? <br />Colorado Dept. of Health <br />December 15, 2008 <br />Page 2 <br />EXHIBIT A <br />MORGAN COUNTY COMMISSIONERS <br />COMPLAINT <br />MORGAN SAND AND GRAVEL <br />When the existence of the asbestos was brought to the attention of the County at a County <br />Commissioners meeting on December 9, 2008, as part of the Special Use Permit process, the County <br />took the position that any asbestos issues would not be in their jurisdiction, but under the j urisdiction <br />of the State of Colorado. The County Commissioners have taken the Special Use Permit application <br />under advisement and expect to issue a decision on December 30, 2008. <br />This past weekend; December 13 - 14, 2008, the Longacre family became aware that the <br />Westhoff family or Morgan Sand and Gravel was excavating or removing the debris from the <br />Longacre property-and placing them onto the Westhoff property. While the Longacre family is not <br />objecting to the removal of the debris from their property, they are concerned that the excavation and <br />removal would release asbestos into the environment. The Longacre family grazes cattle on both <br />their own property and under an easement granted by deed on the Westhoff property. Any release <br />of the asbestos could well create a health hazard to both the cattle and the Longacres. <br />Since, the Longacre family is not the operator nor the owner of the property to which the <br />asbestos containing debris have now been moved, and were not aware that the removal was going <br />to occur, they have not filed any notices with the state. By this letter, the Longacre family advises <br />the Department of Health of these activities which are likely to release asbestos into the environment, <br />unless the debris are tested and any asbestos disposed by proper methods. <br />Thank you for your consideration of this matter. Please contact me if you desire any <br />additional information. The contact information for the Westhoff family and Morgan Sand and <br />Gravel, as taken from the Application for Special Use Permit, are Greg Westhoff, 21215 Hwy 52, <br />Ft. Morgan, CO 80701, (This is not the location of the above described activities, but another <br />location.), (970) 867-8074; and Joan Weshofff, 15969 Rd X, Weldona, CO, (970) 645-2565. <br />Sincerely, <br /> <br />William M. Schell <br />cc: Longacre Family <br />Patrick Schilken, Esq. <br />John Crosthwait, Northeast Colo. Health Dept.