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~~ <br />.Zellitti Properties <br />William Newby and David Schneider <br />719-302-6053 <br />c/o 10751 West 34th Place <br />November 27, 2007 <br />Wheat Ridge <br />CO 80033 <br />Department of Natural Resources <br />~j/Division of Reclamation, Mining and Safety <br />Durango Field Office ~* P ~ ~ <br />FAO Bob Oswald DEC 0 3 2007 <br />701 Camino Del Rio, Room 315 <br />Durango Division aY ReciamaYi°n, <br />Mining and Safe4y <br />CO 81301 <br />~a~~'G <br />~~~^ ~9?a®~ ~/ <br />~j/~s,', wr., ,n ., <br />;~- ~ ~`u <br />~~''c~ <br />~~.: <br />Dear Mr. Oswald, ~ <br />Permit # M1980246 : Zellitti Pit <br />Thank you for your letter dated November 16, 2007, and for placing details of Zellitti <br />Properties' partial ownership in the Permit file . <br />/~~ <br />Approval for legal right to entry and access has never been obtained from Zelitti Properties in <br />writing. After reviewing your documentation, it is clear that the Division of Reclamation, <br />Mining and Safety relied on information in reference to this that was inaccurate and/or false <br />before issuing the permit. <br />Given the details contained in your response, it appears that our only recourse going forward is <br />to explicitly terminate the implied permission which currently provides legal right of entry and <br />access. We ask the permit be suspended until such time as this matter is resolved between the <br />- -- J -parties: This termination ~of 1-egai right of entry and access will-take-effect -12/-1-/07 and the - <br />parties are currently being informed. No doubt, the Division of Reclamation, Mining and <br />Safety will take appropriate action. <br />Additionally, we have enclosed a copy of the current tax assessment record for 2007, showing <br />Zellitti Properties ownership. <br />Sincerely <br />~~ ~~:~ 5~~~~c <br />William Newby David Schneider <br />Duly authorized agents of Zellitti Properties. <br />