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<br />134 W Main St, Suite 35 <br />June T7, 2005 <br />'~: y- <br />Frank E. ~uybalid <br />Attorney at Law <br />Trinidad, CO, 81082 Phone 719-845-1714 <br />Daniel Ellison, Chairperson _ <br />Colorado Mined Land Reclamation Board <br />Division of Mineral and Geology _ <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 . <br />Fax 719-845-1715 <br />v <br />~uN 2 3 2ce5 <br />!7iuicim, ui ,.iL:ar I t , ~ ' o~,ln!'~) <br />y ~ <br />RE: Mine permit # M-2000-05, 3, Las Animas County, Colo. <br />Encroachment on historic Penitente Church cemetery <br />Dear Mr. Ellison, <br /> <br /> <br /> <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 Department is extracting gravel for <br />road and road base construction thrgughout Las Animas County. This gravel pit, <br />situated near the unincorporated village of Valdez on Colorado-Highway 12,' <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 that 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 area 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, and that they are-now driving "cross country".across the grave sites, to <br />the point of wearing lire ruts into the ground immediately over several graves. <br />O O T ~ ~ <br />~ Z ~ N ~ <br />~~ 'n <br />.., m <br />}}~~--~, , <br />0 4i" 4 <br /> <br /> <br />0 <br />a <br />J <br />Page 1 of I 1 <br />