2009-05-07_GENERAL DOCUMENTS - M1980246

• Permit No: M1980246
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 5/7/2009
• Doc Name: Reason to believe a violation exists
• From: DRMS
• To: Anthony Zellitti
• Email Name: KAP
• Media Type: D
• Archive: No

?/Z-
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
?May 7, 2009
STATE OF COLORADO
COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mr. Anthony Zellitti Harris D. Sherman
2001 CR 300 Executive Director
Ronald W
W. Cattany
Durango, CO 81301
/ Division Director
Natural Resource Trustee
Re: Reason To Believe a Violation Exists, Scheduling of Board Hearing, Permit No. M-1980-246, Zellitti Pit
Dear Mr. Zellitti:
On April 28, 2009 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the proposed
Zellitti Pit based on a report by Hocker Construction that mining had occurred outside of the approved permit
boundary. Approximately two acres of mining related disturbance was observed outside of the approved permit
boundary.
The Division believes this is in violation of the Colorado Land Reclamation Act for the Extraction of Construction
Materials, specifically: C.R.S 34-32.5-109(1) for failure to first obtain a permit prior to engaging in a new operation or
C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside the affected land from slides or damage during the mining
and reclamation operation. Therefore, the Division has found reason to believe a violation exists to the Law and has
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the June 10 &11 2009 Board meeting for consideration of a possible
violation. The hearing will be held at 1313 Sherman St., Rm 318, Denver,CO, beginning at 9:00 a.m. on the 10th and
11 h, or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be
represented and heard. It will be reiterated that there is reason to believe that you are in violation of the provisions
noted above.
If the Board finds a violation at this hearing for failure to first obtain a permit prior to engaging in a new operation, it
may issue a Cease and Desist Order, and assess a civil penalty in the amount of $1000 to $5000 for each day of
violation. If the Board finds a violation at this hearing for failure to protect areas outside the affected landfrom slides
or damage during the mining and reclamation operation, it may issue a Cease and Desist Order assess a civil penalty in
the amount of $100 to $1000 for each day of violation and order the permit be suspended, modified, or revoked. If you
have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it
to us as soon as possible or bring it to the hearing.
Following the hearing, the parties will have an opportunity to review and comment on a draft of the Board's order if
requested. If you wish to do so, you must provide the Board with a written request to review the draft order at or
before your hearing, or you may request to review the draft order at the hearing. An oral request to review the draft
order must be made on the record during the hearing. You must include your mailing address and, if possible, a fax
number. You will be provided a copy of the draft order for your review as soon as it is available. Please note that the
Division has requested the opportunity to review the draft order in this matter. The Board must receive any written
comment within seven days following the mailing of the draft order, unless that deadline is extended for good cause.
Submit all comments in writing to Jillian Allison, Assistant Attorney General, 1525 Sherman Street, Denver, CO
80203, telephone no. [phone], fax no. [phone]. The Board will resolve any issues regarding the form of
the order. This process does not affect your right to request reconsideration by the Board or appeal the substance of
the order.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines