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2014-06-17_ENFORCEMENT - M2013036
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2014-06-17_ENFORCEMENT - M2013036
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Last modified
9/5/2020 1:31:17 AM
Creation date
6/17/2014 1:56:10 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2013036
IBM Index Class Name
Enforcement
Doc Date
6/17/2014
Doc Name
Complaint
From
Clifford Attkisson, PhD. & Carolyn S. Attkisson
To
DRMS
Email Name
KAP
GRM
AJW
Media Type
D
Archive
No
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Clifford and Carolyn Attkisson <br /> Letter to Kate Pickford <br /> June 9, 2014 <br /> maintenance of Equestrian Trail, including the segment in which the Hay Gulch <br /> Irrigation Ditch transverses Equestrian trail via conduit. The current (and intended <br /> future) heavy hauling use of Equestrian Trail and the environmental impact of his <br /> itlegal�and,pnautthorized mining activities at 787 County Road, Hesperus, CO,will <br /> have significant detrimental impact on Equestrian Trail. Please note that the Hay <br /> Gulch Irrigation Ditch runs across our properties, flowing from North to South, and <br /> crosses directly under Equestrian Trail parallel to Cross Creek Road.The hauling <br /> activities can have significant and negative impact on the flow of water if the <br /> Equestrian Trail is undermined or destroyed by Mr.Avery's mining and hauling <br /> activities. <br /> It is of great importance to this matter,that Mr.Avery has never discussed with his <br /> neighbors (Attkisson's, Bradshaw's,and apparently all others) his mining operation <br /> plan nor has he permitted us or our neighbors to discuss the impacts on: Equestrian <br /> Trail,the intended use of our properties,the consequences for property values in a <br /> weakened economic climate,the safety of our young children and grandchildren, <br /> and the impact on water resources where there is already intense concern about the <br /> aquifer/water tables.The Bradshaw's live immediately adjacent to the location of <br /> the mining activities.We,including their two children, are all impacted by the very <br /> loud grinding and transport noise,heavy traffic, dust, and the psychological <br /> consequences of exposure to Mr.Avery's unauthorized mining,crushing,and <br /> hauling. <br /> Of great importance to this matter is Mr.Avery's claim that he is building ponds for <br /> his own use on his own property. Does Mr.Avery have a legal permit to undertake <br /> the actual scope of mining,crushing,and hauling that has been occurring on his <br /> property for over several weeks? Did he fully, clearly, and accurately present his <br /> plan to you?Were the scope and impact of his current activities documented and <br /> approved? Has he illegally sold or traded mined materials to other properties in <br /> violation of law and regulation? <br /> We think his activities are illegal and his activities are not limited to personal or <br /> irrigation goals pertaining to his property.We do think that he is engaged in a for- <br /> profit,commercial operation featuring mining and earth materials sales or trade to <br /> others. <br /> In addition, Mr.John Avery has stated to the sheriff and other civil and regulatory <br /> authorities (and neighbors) that he has an "easement" across the Attkisson and <br /> Bradshaw properties.This is demonstrably not the case and his practice of <br /> transporting mined material and heavy equipment (bull dozers, excavators, dump <br /> trucks etc.) across our properties is unlawful and not permitted by either of the <br /> property owners.We have informed Mr.Avery of this fact verbally and in writing <br /> through legal counsel. <br /> 2 <br />
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