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

STATE OF COLORADO
Hill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the heallh and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246.1530
Phone [phone]
TDD Llne [phone]
Located in Glendale, Colorado
htlp://t-Avw.cdf)iio.state.co.us
May 5, 2009
Mr. Greg Westhoff, President
Morgan Sand and Gravel, Inc
21215 Highway 52
Port Morgan, CO 80701
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230.6928
[phone]
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Colorado Department
of Public l-lealth
and Environment
Certified Mail No: 7007 0220 0001 0155 0071
Return Receipt Requested
RE: No Further Action for March 31, 2009 Compliance Advisory, Morgan Sand and Gravel, Inc., 21215 Highway 52,
Morgan County, Colorado
Dcar Mr. Westhoff-.
The Hazardous Materials and Waste Management Division (the Division) is in receipt of your written response to a
Compliance Advisor), dated March 31, 2009, The Compliance Advisory was issued by the Division due to information
gained (hiring an inspection conducted by myself on February 11, 2009. 1 conducted this inspection in response to a
complaint of alleged illegal disposal at the above location.
The Division has reviewed the letter and accepts the explanation for the asbestos and concrete pieces on adjacent property
owned by Mr, John Longacre. Attached to your letter was the Morgan C'ouuty-approved resolution fora Special Use, Permit,
recycling notification, waste manifest and disposal records for the non-friable asbestos, and photographs taken by yourself'of
the current site conditions. Based on your letter and the attachments, the Division determines that (lie facility has corrected
the violations noted in the Compliance Advisory. Therefore, no further action regarding those violations is necessary to
return to compliance with the Regulations Pertaining to Solid Waste Sites and facilities, 6 CCR 1007-2 ("the Regulations"),
Pursuant to section 1.9.2(A)(1)(c) of the Regulations, the Division is issuing this No Further Action Letter for the
aforementioned Compliance Advisory.
This No Further Action letier shall not preclude the Department from issuing an Administrative Enforcement Action,
bringing it civil action or seeking a civil penalty pursuant to 30-20-113, C.R.S. for violations cited in the Compliance
Advisory. If the violations cited in the Compliance Advisory occur in the fixture, the Division may issue a subsequent
Compliance Advisory and/or Compliance Order. A copy of this No .Further Action letter will be attached to the Compliance
Advisory in the facility's file at our office. Please be advised that this letter does not relieve the property owner of liability
from any additional onsite contamination not identified within the reports.
Should you have any questions, please call Darrell Dearborn at [phone].
Sincerely, ?
AD,= .R. Dearborn Charles G. Joht n iJuit leader
Geologist, Solid Waste and Materials Management Unit Solid Waste and Material Management Unit
Solid and Hazardous Waste Program Solid and Hazardous Waste Program
cc: Morgan County Commissioners
Julie McCaleb, NE Colorado Health Department, Environmental 1-lealth
Hannah Naumoff-Dulski, Attorney Generals Office
SW Tracking: SW/NIRG/GEN 1.6