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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> July 18,2024 <br /> Barry Zellitti <br /> Anthony Zellitti <br /> 2001 CR 301 <br /> Durango, CO 81303 <br /> RE: Zellitti Pit, (Permit No.M-1980-246) <br /> REASON TO BELIEVE A VIOLATION EXISTS AND NOTICE OF BOARD HEARING <br /> Mr. Zellitti: <br /> On March 4,2024,the Division of Reclamation,Mining and Safety(Division) sent you notice of a Surety <br /> Increase(SI2). The surety increase was due May 3,2024. To date,the Division has not received the surety <br /> increase. <br /> We believe this is in violation of: <br /> C.R.S. 34-32.5-117(4)(c)(II) -A financial warrantor shall have sixty days after the date of notice of an <br /> adjustment to fulfill the new requirements. <br /> Therefore,the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br /> C.R.S. 34-32.5-101 et sue. and have scheduled this matter to appear before the Mined Land Reclamation <br /> Board(Board). <br /> A Formal Public Hearing will be held during the September 18-19, 2024,Board meeting for consideration <br /> of this possible violation. The hearing will be held at 1313 Sherman Street, Room 318,Denver, Colorado, <br /> beginning at 9:00 a.m. on September 18,2024, or as soon thereafter as the matter can be considered. At <br /> the hearing you will have the opportunity to present your defense. <br /> This is an important legal proceeding, and you must appear in person for this hearing.If you fail to <br /> appear an order and money judgment may be entered against you.In addition,failure to appear at <br /> the hearing may result in legal consequences including,but not limited to,loss of party status and <br /> your ability to seek reconsideration from the Board or seek judicial appeal in district court. <br /> To be considered at the hearing, all exhibits,materials and witness testimony you wish for the Board to <br /> consider must be submitted by 5:00 PM on September 6,2024,via email to the MLRB Administrator. <br /> You must also provide a list of all witnesses, if any,to the MLRB Administrator, Camille M. Mojar at: <br /> dnr drms mlrb-submittals@state.co.us,no later than 5:00 PM, September 6,2024. <br /> oY. coo <br /> A <br /> Physical Address: 1313 Sherman Street, Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver,CO 80216 httos://drms.colorado.eov ;i o <br /> Jared S. Polis,Governor I Dan Gibbs, Executive Director I Michael A. Cunningham,Acting Director « ., <br /> �876 <br />