2009-04-13_REVISION - M1980246 - Laserfiche WebLink

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Dear Division of Reclamation Mining and Safety 1313 Sherman Street Room 215 CO DIV MIN € EO A M -O;, APB 19 2049 PmOI:59:44 RECEIVED APR 13 2009 L/ Denver, Colorado 80205 ? Division of Keciamation, 9k Mining and Safety Re: Anthony Zellitti application for alteration of Zellitti Pit Permit # M-80-246 COMMENTS, OBJECTION, AND PETITION FOR HEARING. I am general and managing partner for Zellitti Properties, a Colorado Partnership. lam responding to and commenting upon the application of Anthony Zellitti and Hocker Construction for an amendment to the Zellitti Pit located in La Plata County. I am objecting to the requested amendment. I petition for a hearing if my objections are not granted. Zellitti Properties is the successor in interest to Louis Zellitti who was an owner of twenty-five percent (250) of the surface and mineral rights of the property on which the Zellitti Pit is located. Zellitti Properties was in fact the owner of this twenty-five percent at the time of the original application for a pit permit. Zellitti Properties remains owner of twenty-five percent of the surface and mineral rights under the great majority of the existing Zellitti Pit, and the owner of just the mineral rights under a small portion of the pit. Zellitti Properties' ownership of the surface rights to the northern tract where the additions to the pit are proposed were transferred to another person, Barry Zellitti, and the mineral rights to that northern portion have been retained by Zellitti Properties. Access to the original Zellitti pit is over lands in which Zellitti Properties has a twenty-five percent interest in the surface rights. Anthony Zellitti was originally allowed to obtain the Zellitti pit permit by Louis Zellitti and Zellitti Properties under a verbal agreement that Anthony would manage the same for the use and benefit of the owners of the property including Zellitti Properties. Zellitti Properties eventually became aware of agreements between Hocker and Anthony Zellitti regarding the Zellitti Pit to which Zellitti Properties was not made a party and to which Zellitti Properties objected. In October 2007 Zellitti Properties objected to the Division about the continued use by Hocker Construction of its property without the permission of Zellitti Properties the 25% owner. That objection was withdrawn at the time on the agreement of Hocker to enter a new written lease arrangement and other agreements to deal directly and fairly with Zellitti Properties. Neither Hocker nor the 75% owners complied with their agreements to enter a new lease or other commitments to deal fairly with Zellitti Properties and negotiations broke down and litigation has been filed. Hocker's temporary authority to use the property during negotiations was revoked and Hocker was advised to quit using any premises owned by Zellitti Properties effective April 2008. Regardless of the lack of any authority Hocker has continued to operate the Zellitti Pit and trespass on Zellitti Properties property since April 2008. Establishing and maintaining the right to enter affected lands throughout the life of a permit is a requirement of obtaining the permit, pursuant to Section 34-32.5-112(1)(c)(IV) CRS of the Construction Materials Act, Rule 6.3.7 of the Construction Materials Rules and Regulations, and as stated in the Performance Warranty provided by Hocker Construction at the time of application. An operator must obtain and demonstrate such right-of-entry from all land-owning parties. Without having full legal right- of-entry there must be no mining or reclamation activity by the operator on the affected lands.