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RECEIVED <br /> June 9, 2014 JON 17 2014 <br /> Kate Pickford OMSIONOFRECL4AMATON <br /> Colorado Division of Reclamation, Mining&Safety "NWGAW&WM <br /> 691 County Road 233, Suite A2 <br /> Durango, CO 81301-6580 <br /> Re: Request for Field Injunction, Illegal Mining Activity by Mr. John Avery at and on <br /> 787 County Road 120, Hesperus, Colorado 81326 <br /> Dear Kate Pickford: <br /> Carolyn S.Attkisson and I own the property at 244 Equestrian Trail, Hesperus, <br /> Colorado 81326.We have owned that property since 2006 and join our immediate <br /> neighbors, Claire and Jeff Bradshaw of 789 County Road 120, in a demand for Mr. <br /> John Avery to cease* and desist all mining activities on his property and for illegal <br /> trespass on our private driveways on our properties in the service of the illegal <br /> mining activities. Mr.Avery owns the property (787 County Road 120, Hesperus, <br /> CO),within an entity that he controls named Luke the Duke LLC. His property is <br /> immediately adjacent to, and east of, the Attkisson and the Bradshaw properties, <br /> sharing a common boundary. <br /> Mr. Avery states that he is mining material from his property to create "ponds" for <br /> his use and to do foundation work and driveways on his and other owner properties <br /> north and west of Equestrian Trail to Cross Creek Ranch Road. The enormous extent <br /> of the mining activity, requiring industrial sized excavation, dozer, crushing, and <br /> hauling equipment, clearly belies and contradicts his stated goals. In fact, he is <br /> establishing a very large-scale commercial operation for sales (or trade to the <br /> public) of gravel and other earth materials to other owners in the vicinity of 787 <br /> County Road 120, Hesperus, CO. <br /> It is estimated that the two gigantic gravel pits that are already dug (and getting <br /> larger by the day) will produce in excess of 15,000 (fifteen thousand) tons of <br /> material requiring in excess of 1,600 dump truck loads to haul mined material away <br /> from the site. Mr.Avery is now intensively hauling the mined material away from <br /> his property over Equestrian Trail.We estimate that, to date, he has hauled over 300 <br /> dump truck loads of material away from his property. The remaining material will <br /> require a minimum of 1300+ additional hauling trips. <br /> Equestrian Trail is at the north boundary of the Attkisson property (244 Equestrian <br /> Trail) and the maintenance of that portion of Equestrian Trail is the joint <br /> responsibility of the Attkisson's and Mr. and Mrs. Jeff Layne (who's lot is <br /> immediately north of the Attkisson's on the other side of Equestrian Trail).The <br /> Attkisson's have already invested a considerable amount of money in the <br />