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' •:~• ~ aood~ <br />Frank E. Ruybalid - o z 3 " ~, <br />Attorney at Law o~~ <br />134 W Main St, Suite 35 Trinidad, CO, 81088 Phone 719-845-1714 Fax 719-845-1715- ~ `S <br />June T7, 2005 ~ . ' , ~ N 8 <br />Daniel Ellison, Chairperson _ ~ -~ ~ ~ v , ~ '~' <br />Colorado Mined Land Reclamation Boazd JUN 2 3 2005 <br />Division of Mineral and Geology ~ o .~ o <br />1313 ShermanSt.,Room215 ~ - sivr~a,.oi,::,:.:1 i:,,rNa~~•~1 ~ <br />Denver, CO 80203. <br />• ~, ~ ~ <br />RE: Mine pernut # M-2000-053, Las Animas County, Colo. <br />Encroachment on historic Penitente Church cemetery ` <br />DeazMr. Ellison,• _ <br />lease accept this letter and the accompanying materials as a formal complaint <br />P about the operation of the Castillo Gravel Pit, Mine Permit-# M-2000-053, at <br />which the Las Animas County Road and Bridge Depattnient is extracting gravel for <br />road and road base construction thrqughout Las Animas County. 'This gravel pit, <br />situated near the unincorporated village of Valdez on Colorado. Highway l2,' <br />approximately 13 miles west of Trinidad, Colo., is immediately adjacent to a <br />rudimentary Penitente Church~cemetery in which several ancestors and~siblings of - <br />my client, Mr. Toby Espinoza of Trinidad, are buried. <br />It is Mr. Espinoza's and my belief thaf the encroachment of the mining <br />operations threatens to disinter several of the grave sites, and that those sites are ` <br />jeopardized by the erosion of the surrounding azea now that the overburden, or <br />topsoil, has been removed. Also,~it appears that equipment operators from the Road <br />and Bridge Department have knocked down a barb wire fence protecting the <br />cemetery, aad that they aze.now driving "cross country".across the grave sites, to <br />the point of evearing fire ruts into the ground immediately over several graves. <br />Page 1 of 1 t <br />