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

Harner cnvironmental Ma Y gement, Inc.
EXHIBIT B
MORGAN COUNTY COMMISSIONERS
COMPLAINT
MORGAN SAND AND GRAVEL
March 16, 2009
Mr. William Schell
Opperman & Schell, P.C.
3609 S. Wadsworth Blvd., Suite 140
Lakewood, CO 80235
Mr. Patrick Schilken
Schilken and Kautt, P.C.
925V. Kenyon Ave.,Unit 1
Englewood, CO 80110
Re: Longacre Ranch, Site Assessment Visit with Colorado Department of Public Health and
Environment Personnel, February 12, 2009
Dear Mr. Schell and Mr. Schilken: ,
At the request of your client, Mr. John Longacre, I visited the Longacre Ranch property in Section
34, T 5 N, R 58 W in Morgan County, CO on February 12, 2009. 'Mr. Longacre asked that I be
present during a site inspection by Ms. Cindy Smith and Mr. Darrell Dearborn of the Colorado
Department of Public Health and Environment (CDPHE). The site inspection was requested by
Mr. Longacre to provide visual evidence for the CDPHE that solid waste has been unlawfully
disposed on the adjacent property- owned by the Westhoff family. The Westhoff family currently
owns and operates a sand and gravel. mining operation on their property. The following is a
summary of observations during the site inspection, and the results of laboratory analyses of
several soil and debris materials collected following the inspection. Also enclosed are a series of
photographs taken immediately following the site inspection..,
I arrived at the site at 12:30 pm and.met with John Longacre..We proceeded to the south entrance
of the Westhoff property to meet with. Ms..Smith and Mr. Dearborn. The initial discussion was a
summary by John Longacre of the. observed solid waste disposal activities conducted on the
Westhoff property,over the last .20 years... Mr. Longacre showed several photos of the activities
and expressed his concern that some of the debris had blown onto his property, and a large soil
pile.on the Westhoff property had spilled onto the Longacre side of the property line (see Photo
#9). Mr. Longacre contended that construction debris and other solid waste material could be
found within' the portion of the soil,pile on his property. Subsequent to the discussion, it was
agreed that he should excavate into,the soil, pile on the Longacre property to demonstrate the
presence of solid waste debris within the pile.
Utilizing a front-end loader, Mr. Longacre began excavating soil from the hillside at location 91,
being careful not to transgress onto the . Westhoff property. Excavation #1 is located
approximately 100 feet east of the gravel road entrance to the Westhoff property (see Figure 1).
Excavation # 1.. was advanced., approximately' 15-20 . feet into the pile, where native soil was
5721 South Spotswood Street * Littleton, Colorado 80120
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