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SCHILKEN & KAUTT, PC <br />ATTORNEYS AND COUNSELORS AT LAW <br />July 15, 2009 <br />Mr. Michael Cunningham <br />Environmental Protection Specialist <br />Colorado DRMS <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />925 W. Kenyon Ave., Unit 1, Englewood, CO 80110-3471 <br />Phone (303) 762-1954 0 Fax (303) 762-0014 <br />RECE WED <br />JUL 2 o 2009 <br />Division o, rteclamation, <br />Mining and Safety <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 />Re: Morgan Sand and Gravel Inc., Permit #M1977094, Morgan County, Colorado <br />Dear Mr. Cunningham: <br />I represent the Longacre Ranch, RLLP and the individual property owners of Longacre Ranch <br />located in Morgan County, Colorado. Longacre Ranch has property adjoining the Morgan Sand <br />and Gravel Inc. mine located in Section 34, T 5N, R 58W in Morgan County. Longacre Ranch <br />also has unrestricted grazing rights on the Morgan Sand and Gravel property. My client wishes <br />to file a formal complaint regarding ongoing, documented, unlawful waste storage and disposal <br />activities, and uncontrolled sediment runoff from the Morgan Sand and Gravel property. <br />Enclosed you will find documentation submitted to the Colorado Department of Public Health <br />and Environment, that summarize the unlawful waste disposal practices including asbestos <br />containing materials, construction debris and household refuse. Attached as Exhibit A. <br />Also enclosed are past attempts by the Longacres to bring to head the problems with the Morgan <br />Sand and Gravel operation. Attached as Exhibit B. <br />In addition, recent heavy rains have resulted in uncontrolled sediment runoff from the property <br />that has directly impact the Longacre property. The erosion has also exposed areas of buried <br />waste that are likely unlawful under there operating permit. Attached are photographs taken by <br />John Longacre showing the runoff after the rain. Attached as Exhibit C. <br />On behalf of the Longacre Ranch owners, I respectfully request that the Morgan Sand and Gravel <br />property be inspected for compliance with their operating permit.