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

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Division of Reclamation, Mining and Safety August 26, 2014 Page 2 of 4 As it concerns my clients' comments and objections to any further mining, excavation and hauling of construction materials from the adjacent property, I attach and incorporate by reference this Firm's letter to Mr. Avery, dated June 6, 2014, outlining my clients' overall and general concerns as Exhibit 1. That letter summarizes my clients' objection (amongst other things) to Mr. Avery's/Luke the Duke, LLC's continued trespass on private property over the course of months while initially conducting his illegal operation. We respectfully request that any permit address access /egress to and from the site and which addresses the prohibition of any continued trespass. Additionally, and of further relevance to this Board's jurisdiction, is the overburden and use put to the Equestrian Trail roadway easement. This road is shared and maintained by private residences along the road and the recent heavy and numerous trucks travelling over the road gives rise to significant concerns for degradation beyond that of normal wear and tear. The commercial and/or industrial use of the Equestrian Trail road is not contemplated in any easement document that created the Equestrian Trail and unreasonably overburdens the Attkissons' property and will increase the road's maintenance and repair costs to a tremendous degree. Moreover, the affected properties (both Lots 2 and 3 of the Horseman's Park subdivision owned by my clients) and the adjacent property for which Luke the Duke LLC is conducting its operation is restricted for use to private residential purposes only as set forth in the Declaration of Protective and Restrictive Covenants for Hesperus Land and Cattle Company dated August 1, 1974 filed in the Records of the La Plata County Clerk and Recorder Office at Reception No. 386404, attached hereto as Exhibit 2. See also, the Plat for Horseman's Park subdivision Project 2005 -0200, Plat Note No. 3, which states that such subdivision is "subject to the protective covenants Recorded under Reception 386404" attached herein as Exhibit 3. The Declaration of Protective and Restrictive Covenants for Hesperus Land and Cattle Company attached hereto as Exhibit 2, also covers the property subject to the Luke the Duke, LLC operation. As such, it appears to be limited by the same covenant restricting the use of the land applicant wishes to mine, to residential purposes only. With regard to the Application itself, a number of facts are misrepresented. The property owners within 200 feet of the mining site were not given notification within ten (10) days of the Application, such notification actually having been sent on August 18, 2014, the same date that the Application and other documents were filed with the La Plata County Clerk and Recorder. The Application incorrectly and inaccurately designates distances from my clients' respective properties and the Bradshaw's residence. Importantly, the Application's "safety plan" does not label the Bradshaw's house as a residence. The Application states at Exhibit C, that the purpose of the gravel pit is to supply gravel for the maintenance of subdivision roads within Avery Ranch, Horseman's Park, Cross Creek Ranch, the Highlands at Cross Creek and the Preserve. My clients', in conversation with other property owners in the above mentioned subdivisions, are unaware of any request for gravel to those