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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 />