2014-08-27_PERMIT FILE - M2013036 (2)

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�1. MICHAEL A. GOLDMAN JEFFERY R ROBBINS LINDSE-Y K. S. NICHOLSON JOSH W MACK VIA FEDEX OLDMAN K O BBINS ICHOLSONo.C. ATTORNEYS AT LAW. August 26, 2014 Division of Reclamation, Mining and Safety Attn: Kate Pickford 1313 Sherman Street Denver, CO 80203 679 E. 2ND AVENUE. SUI I E C 110 BOX 2270 DURANGO, CO 81302 970/259.8747 FAX 970/259.8790 RECEIVED Aifi 272014 DPAWN OF RECLAMATION WANING AND SAFETY RE: i.-Comments concerning the 110 Application of Luke the Duke, LLC Permit No.: M-2013-036&--'- Our File: 1919.004 To Whom It May Concern — Division of Reclamation, Mining & Safety: This firm represents Clifford and Carolyn Attkisson, Trustees of the Attkisson 1994 Revocable Trust, the owner of Lot 2, Horseman's Park, located at 224 Equestrian Trail, Hesperus, Colorado and Jeff and Claire Bradshaw, the owners of Lot 3, Horseman's Park, located at 789 County Road 120, Hesperus, Colorado. Each of my clients have received Public Notice via certified mail concerning the Luke the Duke, LLC application for a construction materials limited impact (I 10) reclamation permit with the Colorado Mined Land Reclamation Board (the "Application "). We have reviewed the Application and attendant exhibits. Let this letter represent my clients' comments and objections concerning the Application for reclamation permit. As you are well aware, Luke the Duke, LLC, by and through Mr. John Avery, conducted an extensive gravel operation illegally and without a permit at the location designated under the Application and such operation grew exponentially in April to June of 2014. Subsequent to complaints filed by both my clients and this Firm, the Division appropriately sought and acquired Mr. Avery's compliance to cease and desist from any operation until he acquired the requisite permits. We appreciate the Division's attention and efforts to this point as well as the Mining Land Reclamation Board's determination of illegality and findings of violation and assessment of civil penalty at its meeting of July 30, 2014. It is noteworthy, that the applicant certifies that it does not have any "operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act" despite the Board's findings to the contrary.