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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 /> <br />Denver, Colorado 80203 C O L O RA D O <br />Phone: (303) 866-3567 D IV IS t ON OF <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br />t VW <br /> SAFETY <br />April 10, 2009 APR 1J 2009 Bill Ritter, Jr. <br />Divisio,' of RecUmatior+, Governor <br />Jack Nickerson mi, ig and Safety <br />Harris D. Sherman <br />27654 County Rd. P Executive Director <br />Dolores, CO 81323 Ronald w. cattany <br />Division Director <br />RE: Anthony Zellitti, File No. M-1980-246 Zellitti Pit 112(c) Permit Amendment (AM-02) Natural Resource Trustee <br />Application - Second Adequacy Review <br />Dear Mr. Nickerson, <br />Listed below are adequacy review comments for the Zellitti Pit 112 (c) Permit Amendment Application, File No. <br />M-1980-246. The decision date for this amendment application is April 27, 2009. The Division of Reclamation, <br />Mining, and Safety (Division) is required to make a decision by April 27, 2009. Therefore, your response to the <br />following adequacy review concerns should be submitted to the Division as soon as possible. <br />As required by Rule 1.6.5 (2), the Applicant has submitted the proof of publication of the public notice <br />circulated in the local newspaper and owners of record of surface lands, and easement holders that are on the <br />affected: land and within 200 feet of the boundary of the affected land. La Plata County records show an <br />address in Wheat Ridge, CO for Zellitti Properties, which does not appear in these proofs of notice for <br />adjacent land owners. Please submit this proof. Proof of notice may be return receipts of a Certified Mailing <br />or proof of personal service. <br />Please be advised that the Anthony Zellitti, Zellitti Pit 112(c) Permit Amendment Application may be deemed <br />inadequate, and the application may be denied April 27, 2009 unless the above mentioned adequacy review items <br />are addressed to the satisfaction of the Division. Responses to these adequacy concerns must be received by the <br />Division to allow adequate time for review prior to the decision date. If you feel more time is needed to complete <br />your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written <br />waiver of your right to a decision by April 27, 2009 and request for additional time. This request must be <br />received no later than April 27, 2009. Please be aware that depending on the answers that are received regarding <br />the above adequacy issues, the Division may have further adequacy questions. <br />If you have any questions, please do not hesitate to call me at (970) 259-5861. <br />Sincerely, <br />t,.. X, <br />Kate Pickford <br />Environmental Protection Specialist <br />Office of Office of <br />Mined Land Reclamation Denver Grand junction • Durango Active and Inactive Mines