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only permanent man made structure affected by the' Castillo Gravel Pit are two (2) <br />barb wire fences belonging to Andrew Castillo and Las Animas County Hereby <br />agrees that it will repair, replace or provide compensation for any damage to said <br />fence." <br />x no time did Las Anmas County, in its application process, notify the <br />ADivision of Minerals and Geology that this old cemetery was anywhere in <br />the vicinity'df the Castillo Pit. In fact, the cemetery existed =and had existed for <br />over a hundred years _ perhaps 20 feet from the area where the Castillo permit was <br />approved. Clearly, to have neglected to inform the Division about this cemetery <br />was a substantial and reprehensible omission from the application. Rule 1.1(48) of <br />the Rules and Regulations. defines "Structure, Significant, Valuable and Permanent <br />Man-made" as "a non-portable improvement to real property which has defined, <br />current and recognizable value of an economical nature; generally including but not <br />limited to: 'buildings, houses, barns, fences, above or below ground utilities, <br />irrigation ditches, maintained or public roads, bridges, railroad tracks, cemeteries, <br />communication antennas, pipelines, water wells, water storage structures, discharge , <br />and conveyance structures; etc." So according to this definition,.a cemetery is a <br />"man-made structure" that should have been listed on the initial application, everi <br />though the cemetery was beyond the surveyed boundaries of the gravel pit. <br />CONVERSION 'fO 112(c) <br />REGULAR CONSTRUCTION MATERIALS PERMIT <br />n May, 2004, Las Animas County submitted to the Division an application to <br />Iconvert the Castillo Pit from a §110(c) limited impact permit to a §l l2(c) regular <br />construction permit.. The requested expansion was to add 8.84 acres on Mr. <br />Page 3 of l I <br />