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John Avery <br />June 6, 2014 <br />Page 2 of 3 <br />Nuisance. <br />Additionally, it is my clients' understanding that your mining operation on your property is <br />illegal, in that the operation requires a mining permit from the Colorado Division of <br />Reclamation, Mining and Safety and from the La Plata County Planning Department and that no <br />such permits exist. Your operation unreasonably and substantially interferes with my clients' use <br />and enjoyment of their properties, due to the noise, dust, and safety issues it presents, and <br />therefore constitutes a nuisance. Further, although you have advised Mr. Bradshaw that you <br />intend to reclaim your property with a pond, it is my clients' understanding that you currently <br />own no water rights with which to fill any such pond. My clients question whether your property <br />will be appropriately reclaimed and are concerned about the resulting negative impact on their <br />property values. <br />My clients demand that you CEASE AND DESIST ALL MINING ACTIVITIES ON YOUR <br />PROPERTY until such time as you have obtained all required state and county permits and <br />have posted all required bonds. <br />Overuse of Equestrian Trail Easement. <br />In connection with your unpermitted mining operation, numerous dumptrucks and other heavy <br />equipment have been using and are continuing to use Equestrian Trail for access to and from <br />your property from Cross Creek Road on a consistent basis. This commercial and/or industrial <br />use of Equestrian Trail is not contemplated in the easement documents that created Equestrian <br />Trail and is unreasonably overburdening the Attkissons' property. <br />Trailer <br />Finally, my clients object to the presence of the blue trailer that you have placed at the boundary <br />line between you property and the Bradshaws' property, near the entrance to County Road 120, <br />which has been spray - painted with the statement "I Love Obama, Muslams [sic] and Lawyers" <br />and `BJ Construction" (an inversion of the name of Mr. Bradshaw's company, JB Construction). <br />Your installation of this trailer at this location is perceived as intending to harass and intimidate <br />my clients, and has upset the Bradshaws' children, and my clients demand that it be removed. <br />Please contact me or have your attorney contact me at your earliest opportunity. <br />Very truly yours, <br />GOLDMAN, ROBBINS & NICHOLSON, PC <br />Lindsey K.S. Nicholson <br />mchulsorc "nern -la�� com <br />LN <br />