Laserfiche WebLink
Cl.- <br />SCHILKEN & KAUTT, PC <br />ATTORNEYS AND COUNSELORS AT LAW <br />? c <br />C, k_J <br />925 W. Kenyon Ave., Unit 1, Englewood, CO 80110-3471 <br />Phone (303) 762-1954 0 Fax (303) 762-0014 <br />Division of Reclamation, <br />Mining & Safety <br />February 22, 2010 <br />Michael A. Cunningham ? ? ^' <br />Environmental Protection Specialist <br />1313 Sherman Street <br />Room 215 <br />Denver, Colorado 80203 ,/ <br />RE Morgan Sand and Gravel, Inc.; DRMS File No. M-1977-094 <br />Dear Mike: <br />Attorneys: <br />Bruce A. Schilken <br />Richard W. Kautt <br />Patrick A. Schilken <br />(also admitted in Nebraska) <br />Legal Assistants: <br />Lorraine D. Reeh <br />Sandra N. Racelis <br />Michelle C. Vaala <br />Mari Lease <br />On behalf of our client Longacre Ranches, RLLP, I have had an opportunity to review the final <br />resolution concerning Morgan Sand and Gravel, Inc. This letter is to address a couple of <br />concerns that the Longacres have expressed to me, as well as, my own concerns. <br />1. The Corrective Action Order from the Division states that: "The Operator shall provide ...a <br />signed affidavit certifying that the material is clean..." An affidavit is defined as "A statement of <br />facts which is sworn to (or affirmed) before an officer who has authority to administer an oath <br />(e.g. a notary public)." The letter provided by Morgan Sand and Gravel is nothing more than a <br />statement, not an affidavit. In fact, it really does not address what the Division wanted in the first <br />place: "... the volume of inert material... that the material is clean and inert..." There is substantial <br />evidence that shows the contrary. <br />2. Morgan Sand and Gravel, Inc. committed a trespass on the property of the Longacre Ranch, <br />RLLP. The Corrective Action Order from the Division states that: "The Operator shall submit a <br />Technical Revision describing how the gullies will be repaired...." In the mean time, Morgan <br />Sand and Gravel, Inc. did the repairs to the gullies and land surrounding the site, but without the <br />permission of Longacre Ranches, RLLP. No such contact was made by Morgan Sand and <br />Gravel, Inc. before the repairs were made. Also, the fill material used on the Longacre property, <br />presumably taken from the site was full of pavement, concrete and other non-inert construction <br />debris, not "...material that was clean and inert..." As a result of the corrective action requested <br />by the Board, the land was damaged by the poor excavating and backfill provided by Morgan <br />Sand and Gravel, Inc. Enclosed is the trespass complaint that was filed with Morgan County