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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />November 30, 2007 <br />-~ Anthony Zellitti <br />X2001 CR 300 <br />Durango, CO 81301 <br />~~~.~~ <br />®EC 1 ~; 2001 <br />Division of Reclama4ion, <br />Mining and ~ afety <br />~ / <br />Re: Zellitti Pit; Permit No. M-1980-246, Zellitti Properties and Right-of-Entry. <br />Dear Mr. Zellitti, <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />SA FTY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />I have received a letter from the representatives of Zellitti Properties (copy of letter <br />enclosed herewith) which states that Zellitti Properties is a legal partial owner of the <br />affected lands on which the Zellitti Pit is located, and that Zellitti Properties is <br />terminating the operator's right-of--entry to the permit area. <br />The permit is issued to you, Anthony Zellitti, and the site is operated by Hocker <br />Construction. The letter from Zellitti Properties includes a current La Plata County tax <br />document showing Zellitti Properties as one-fourth (1/4) owner, which this office must <br />consider as evidence of land ownership. The submittal appears to constitute a situation in <br />which the operator now has less than full legal right-of-entry. At this time this Division <br />is not aware of any action on your part or agreement which may exist that has remedied <br />the apparent loss of the operator's right-of-entry. If there is no action or agreement, the <br />permit maybe found in violation, as explained below. Therefore; this Division requires a <br />response from you which demonstrates that you have resolved this loss ofright-of--entry <br />or that you are working toward re-establishing it. <br />Please be aware that establishing and maintaining the right to enter affected lands <br />throughout the life of a permit is a requirement of obtaining the permit, pursuant to <br />Section 34-32.5-112(1)(c)(IV) CRS of the Construction Materials Act, Rule 6.3.7. of the <br />Construction Materials Rules and Regulations, and as stated in the Performance Warranty <br />provided by you at the time of application. An operator must obtain and demonstrate <br />such right-of--entry from all land-owning parties. Without having full legal right-of--entry <br />there must be no mining or reclamation activity by the operator on the affected lands. <br />At this time, having not yet received information from you, it appears to us that there may <br />be a question as to the full right of the operator (and the operator's contractor or lessee) to <br />enter upon the affected lands to operate under this permit. You are strongly urged to <br />respond promptly, and seek remedy to this situation if necessary. Until such time that <br />~~ <br />hJ W <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />