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�pN D <br />VA <br />2p?p 1Q <br />June 9, 2014 ��N�N 0FRFC <br />Kate Pickford GgN�sGFM� oN <br />Colorado Division of Reclamation, Mining & Safety <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 raining 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 />