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June 11,2014 <br /> Page 2 of 3 <br /> Durango Field Office,the Division of Reclamation, Mining and Safety(the"Division") sent Mr. <br /> Avery a Reason to Believe a Violation Exists Notice on June 5,2014 and has scheduled a Formal <br /> Public Hearing before the Mined Land Reclamation Board on July 30&31, 2014. <br /> This letter is sent to request that the Division issue an immediate Cease and Desist Order to Mr. <br /> Avery and/or seek a restraining order or injunction against Mr. Avery's operations prior to the <br /> Board Hearin,as it is authorized to do pursuant to C.R.S. § 34-32.5-123 and § 34-32.5 124. <br /> As evidenced by the emails, correspondence, and videos that are sent with this letter, Mr.Avery <br /> has removed and has hauled away a substantial area of topsoil from his property. The topsoil <br /> was delivered to another property located northwest of my clients' properties, at 321 Cross Creek <br /> Road,which is owned by CrossCreek Ranch,LLC(Mr. Foutz,principal). The Cross Creek <br /> Ranch property was previously owned by another of Avery's entities,O Lancer,Inc.;however, <br /> Mr. Avery deeded this property in lieu of foreclosure to his former lender in February 2012,and <br /> this lender subsequently conveyed the property to CrossCreek Ranch,LLC in December 2013. <br /> In addition to hauling off the topsoil/overburden, Mr. Avery has excavated two large open pits <br /> on his property,leaving two substantial mounds of gravel on his property. As is detailed in the <br /> various attachments,my clients have significant concerns regarding Mr. Avery's ability to <br /> reclaim his property given the removal of the overburden,his lack of water rights for the creation <br /> of"ponds"in the existing open pits, and his apparent financial problems. <br /> My clients ask that you review these materials and take all appropriate action to prevent any <br /> further damage to my clients' properties caused by this illegal mining operation and hauling <br /> through the issuance of a Cease and Desist Order. My clients have additional videos and <br /> photographs available upon request. <br /> If you have any questions,please feel free to contact me. <br /> Very truly yours, <br /> GOLDMAN,ROBBINS&NICHOLSON,PC <br /> Lindsey K.S.Nicholson <br /> *icholsonCw%rn-law.com <br /> LN <br /> Encl.: Email dated June 3,2014 from Jeff Bradshaw <br /> Letter dated June 6,2014 from this office <br /> Videos of operation and hauling from Claire Bradshaw <br /> Letter dated June 9,2014 from Clifford and Carolyn Attkisson <br /> Email dated June 11, 2014 from Claire Bradshaw regarding meeting with Mr. Foutz <br />