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At the conclusion of this letter, we will request your Division to require the - <br />Las Animas County Road and Bridge Department to observe aset-off of no less <br />than 30 feet from the boundary of the cemetery, to repair the fence that has been . <br />overrun, to replace the overburden or topsoil where it has been removed within 30 <br />feet of the cemetery boundary, and for your Division to exercise greater supervision <br />over the continuing gravel extraction. , <br />HISTORY OF THE CASTII,LO PIT <br />he Division of Minerals and' Geology initially granted to Las Animas County <br />Tin June, 2000, a Mining Reclamation Permit based on an application to the <br />Division under § 110(c) - a "limited impact" permit. This approved the gravel ' ' <br />extraction on 9.9 acres of.private land, owned in its entirety by Mr. Andrew <br />_ Castillo. With this permit application, Las Animas County submitted a Gravel Pit <br />Survey, generated by a surveyor, Mr. Gary L. Terry. This-survey is attached to this <br />complaint as Attachment.A. It is significant that the Penitente cemetery, although it <br />,does not appear on Mr. Terry's survey, ig situated just a few feet off the <br />northwe§tern point of the five-sided boundary of the Castillo Gravel Pit. <br /> <br />As Las Animas County was required, pursuant to the Mineral Rules and <br />Regulations of the Colorado Mined Land Reclamation Board for the Extraction of <br />Construction Materials; promulgated in October, 1995, it submitted an itemization <br />of the various "permanent man-made structures" within 200 feet of the affected <br /> <br />area. This was attached to the June, 2000 application as Exhibit B Revised. This <br />Exhibit B Revised reads in part, "There are two (2) permanent man-made structures <br />within two hundred-feet of the affected area. Both fences are located on Exhibit E - <br />Map." In another attachment to this application, Exhibit L, a narrative reads, "The <br />Page 2 of 11 <br />