2009-04-30_REVISION - M1980246

• Permit No: M1980246
• IBM Index Class Name: REVISION
• Doc Date: 4/30/2009
• Doc Name: Comments for amendment application
• From: DRMS
• To: Zellitti Properties
• Type & Sequence: AM2
• Email Name: KAP
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
April 30, 2009
Wilma Zellitti
Managing Partner
Zellitti Properties
10751 West 34th Place
Wheat Ridge, CO 80033-5459
Rr c r
dSa etY COLORADO
MAY 0 6 2009
[)1Vjd1411 ora ?,
MS, ?9
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Re: Comments for Amendment Application (AM702) for Permit No. M-1980-246, Zellitti Pit
Dear Mrs. Zellitti:
The Division of Reclamation, Mining, and Safety (Division) is reviewing the comments submitted by Zellitti
Properties on April 13, 2009, relating to the Amendment Application for the Zellitti Pit, file #M-1980-246.
The Division has the following comments and request for additional information regarding some of the
submitted information:
The letter submitted indicates that Zellitti Properties is co-owner of the mineral rights for the property
that is proposed as added acreage to the current permit, but maintains no surface rights to the
property. If Zellitti Properties is indicating that it has co-ownership of these mineral rights in the
amended acreage, and is therefore prohibiting the operator from having rights to mine this area,
Zellitti Properties should be aware that Colorado case law has shown that a mineral right is defined as
a property interests in minerals, other than sand and gravel, unless the documented mineral rights
specifically include sand and gravel. If Zellitti Properties is objecting to the mining of sand and
gravel on the amended acreage, please supply the Division with proof of ownership of these mineral
rights by Zellitti Properties, including the legal description of these mineral rights, specifically
including sand and gravel.
2. The Division believes that Zellitti Properties' claims that Hocker Construction is operating within the
current permitted site without authorization by Zellitti Properties is an issue outside of the parameters
of this amendment application. The current matter under review by the Division relates specifically
to the amendment application, not the current approved permit. If Zellitti Properties desires the
Division to pursue the possible loss of legal right of entry for the existing permit, Zellitti Properties
should specify this, in writing, to the Division. The Division, in its discretion, will determine if legal
right of entry has in fact been lost and take appropriate action.
3. The Division is further pursuing Zellitti Properties' objection to use of the existing access road,
located on property jointly owned by Zellitti Properties, to access the area proposed in the
amendment to the permit. It appears that your objection is that you are a 25% owner of the property
which the access road crosses and, as a co-owner, object to the use of this road by Hocker without
Zellitti Properties permission. Please clarify the nature of your 25% ownership as Tenants in
Common, Joint Tenants, or a different type of ownership so the Division may understand the legal
office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines