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vicinity of these tine ruts: , "There is another type of grave mazker which is almost undetectable in the cemetery. There are several slabs of thin bedded sandstones protruding from three to six inches above the surface. These slabs were probably used as grave markers. The party using the sandstone slabs was unaware that this type of rock is very susceptible to , weathering. The remnants can-still be seen standing three to six inches above, the ground, some may be eroded below ground level and lost forever. It is in this general area that the southern one-strand fence has been lowered to the ground and the north fence line has been cut in all strands so that a vehicle, perhaps a dirt remover, as suggest by the tire ruts, drove across the cemetery in what seems as an attempt fo - establish.aroad across the cemetery." ' It is important to•recogxuze that°it may not be an easy matter for a person driving a loader, grader or other earth-moving equipment to simply steer clear of the graves, for only"upon a careful and skilled observation are some of the graves even apparent. For this reason, it is critical fora more solid, plainly-visible fence to be erected around the cemetery, and for the set-back to be no less than the 30 feet recommended in Mr. Waldron's March, 2005, inspection report. MR. ESPINOZA MEETS THE REGULATORY DEFINITION OF "AGGRIEVED PARTY" r. Espinoza has a legitimate interest, albeit primarily'aesthetic and spiritual, Min protecting these grave sites-from the ravages of mining and extraction. Mr. Espinoza has a long family history in the Valdez area: His grandfather,and great grandfather both dedicated their lives to coal mining, whicliwas the primary industry is western Las Animas County for almost 100 yeazs. (A review of the enclosed Attachment B shows several lazge regions within the Castillo Pit boundary Page 8 of 11