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Clifford and Carolyn Attkisson <br /> Letter to Kate Pickford <br /> June 9, 2014 <br /> Of equally significant importance is Mr.Avery's claim that he has the water rights <br /> and/or access to the gigantic quantity of water that will be required to fill the <br /> "ponds" he claims he is digging.We think that the evidence is that he previously sold <br /> all his water rights, owns no water rights,and does not now have access to the <br /> necessary quantity of water required to fill the"ponds" and ongoing replenishment <br /> of water in the"ponds".The millions of gallons required for the scope of work and <br /> the costs associated with creating viable ponds and maintaining them in the future, <br /> present overwhelming financial and strategic obstacles to achievement of his <br /> ostensible goals. <br /> Currently,the two "ponds" or pits being excavated seem to be enlarging with the <br /> passage of each day's work and may be merging into one huge pit along with several <br /> huge mountains of dirt,all of which may be dangerous to the health and safety of the <br /> public.We have no sense of when Mr.Avery's appetite for this work will be satiated. <br /> So,where does this leave us all? If your agency does not immediately issue a Field <br /> Injunction (Cease and Desist Order), Mr.Avery seems likely to continue fully <br /> undeterred in his mining activities with the associated and increasing impact of <br /> those activities on our properties and on Equestrian Trail and the Hay Gulch <br /> Irrigation Ditch. He apparently does not have access to the huge volume of water <br /> required to achieve his ostensible goals and he is operating an illegal and <br /> unauthorized commercial operation. <br /> Finally, neither we, nor our neighbors, had any prior notice of these activities from <br /> Mr.Avery or any other regulatory or environmental or health protection agency at <br /> the county, state or federal levels.We had no a priori opportunity to comment or <br /> object nor did the public at large.This does not seem fair nor does it follow <br /> requirements of prior notice,opportunity to comment, or due process.The damage <br /> already done is monumental.We urge you to visit the site immediately to see and <br /> comprehend that we are not being dramatic or over-stating what is occurring. If you <br /> do not cause Mr.Avery to cease and desist immediately,the irreparable damage (to <br /> us personally and to our properties) will be profound.At this point it seems clear <br /> that if no further material (gravel) is removed from the site (top soil and soft <br /> material has been now fully removed),there is insufficient material for reclamation <br /> to re-fill the pits that have been dug.The land may not be easily reclaimed with the <br /> remaining material and in the absence of water to create the ponds,we will be <br /> irreparably damaged and the environment will be scared and dangerous for the <br /> foreseeable future. Immediate cessation must occur before a very dire situation <br /> becomes completely unmanageable. <br /> We understand that a hearing has been scheduled in Denver on this matter (July 30 <br /> and 31, 2014), however, if Mr.Avery is undeterred for the next day or two days or <br /> for 7 weeks until or beyond the date of the hearing,the illegal and commercial <br /> activities (along with the potential for trespassing on our properties,damage to <br /> 3 <br />