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Court challenges continue as Boulder County forges ahead with Marshall fire debris removal

Just a week from the start of the long-awaited Marshall fire debris removal process, another legal thorn emerges that has the potential to block it, again from one of the contractors who lost out on the bid.

Ceres Environmental Services filed a motion for a preliminary injunction in Boulder District Court this week with a claim that Boulder County commissioners and the team that processed the bids made errors when they scored each of the 11 companies competing for the work.

The motion accuses Boulder County of picking favorites during negotiations and that DRC Emergency Services, the company that eventually was awarded the $60 million contract, lied about its experience and about how quickly it could get the cleanup accomplished.

Ceres contends that because of these problems there’s a chance that the Federal Emergency Management Agency won’t reimburse the county for the cleanup if it sticks with DRC.

DRC has promised a four-month completion from the date it starts work.

The latest legal maneuvering comes a week before the first phase of Private Property Debris Removal is set to begin, with the initial neighborhoods around Marshall Road in unincorporated Boulder County and Superior’s Sagamore subdivision first in line.

Since the court has not ordered for the work to stop, Boulder County Public Works spokesman Andrew Barth texted The Denver Gazette that Boulder County will not stop plans preparing for cleanup, despite Ceres’ court challenge.

“We have told DRC to move forward with the advance preparations needed before work can start, including equipment inspections, personnel safety training, utility locates and capping, storm protection, etc.”

Barth added that actual clearing of blocks of concrete, charred siding and twisted metal left over from Colorado’s most devastating wildfire could start as soon as next week for the neighborhoods that are first on the county’s list.

More than 1,000 homes were destroyed in the Dec. 30 wildfires. Some residents are so frustrated with the delays, they are starting to remove debris and  rebuild themselves with private contractors, but Barth said that 696 homeowners are still counting on the county’s PPDR program and DRC to begin hauling fire-ruined property. That number is down from the original 862 who originally opted in to the government-run program.

Attorneys for Ceres Environmental did not respond for a request by The Denver Gazette for a response.

Mark Stafford of DRC Emergency Services, via Zoom, assures more than 500 Marshall fire victims that the company has the experience to handle debris removal. (Carol McKinley, The Denver Gazette)
Mark Stafford of DRC Emergency Services, via Zoom, assures more than 500 Marshall fire victims that the company has the experience to handle debris removal. (Carol McKinley, The Denver Gazette)
A cyclist turns onto Depot Street, where homes on west side of the street were destroyed from the Marshall fire last December, as seen in the Original Town neighborhood on March 16 in Superior, Colo. (Timothy Hurst, The Denver Gazette)
A cyclist turns onto Depot Street, where homes on west side of the street were destroyed from the Marshall fire last December, as seen in the Original Town neighborhood on March 16 in Superior, Colo. (Timothy Hurst, The Denver Gazette)
Trisha and Chad Cheek brought their second grade son to say goodbye to their Superior home. They lost everything they owned in the Marshall fire and hope to rebuild on their property by 2023. (Courtesy of Chad Cheek)
Trisha and Chad Cheek brought their second grade son to say goodbye to their Superior home. They lost everything they owned in the Marshall fire and hope to rebuild on their property by 2023. (Courtesy of Chad Cheek)
Eighty days since the Marshall fire destroyed this home on West Maple Street in Old Town Superior, remains of an old player piano waits to be hauled away. (Carol McKinley, The Denver Gazette)
Eighty days since the Marshall fire destroyed this home on West Maple Street in Old Town Superior, remains of an old player piano waits to be hauled away. (Carol McKinley, The Denver Gazette)


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