Laserfiche WebLink
05/20/2009 15:32 FAX <br />TV <br />Uvca?'`=+c ??c\?m??oM <br />vNI n` ??d s et! <br />`CO AWP <br />MAY 2 6 2009 <br />Division of Rec:Qmetioe, <br />Miming and Safety <br />ZELLITTI PROPERTIES, a Partnership <br />10751 West 34th Place <br />Wheat Ridge, CO 80033-5459 <br />May 19, 2009 <br />0, v i s e ort1 d?- Al -7C LftM,09T/ o Ivi /r1 to NG;- .5/¢FEir <br />1313 Sherman Street <br />Room 215 <br />Denver, Colorado 80205 <br /> <br />Re: Anthony Zellitti application for alteration of Zellitti Pit Permit # M-80-246 <br />Dear Division of Reclamation Mining and Safety <br />I am responding to letter of Kate Pickford, from your Durango field office, dated April 30, 2009 as <br />follows: <br />[a 001 <br /> g ° o <br /> <br /> Q <br /> 4 <br /> <br /> <br />-' a x <br /> <br /> <br /> <br />Z <br /> <br /> <br /> <br /> <br /> <br />X <br /> <br /> <br /> <br /> <br /> 9- <br /> <br />Zellitti Properties is owner of a 25% undivided interest in the surface and all mineral rights to the <br />majority of the property underlying the existing Zellitti Pit_ (see deed to said property enclosed). In 1991 <br />Zellitti Properties deeded its surface rights only, and reserved all mineral rights, to the northerly portion <br />of its property and reserved an access easement along the westerly boundary of said ProPe" 20 feet <br />wide from the northerly Property line to the southerly properly line. This reserved access easement <br />coincides with the current access used by Hocker to access the Zellitti pit and is the current location of <br />this road as it exists all along the westerly boundary of Anthony and Marilyn and Barry and Martha <br />Zellitti's property beginning at the end of County Road 300. (See deed enclosed). <br />On November 27, 2007, in a letter to the Division of Reclamation, Mining and Safety, Zellitti Properties <br />notified the Division that the permission for legal right of entry and access of Hocker Construction was <br />terminated between the parties. in a meeting on December 14, 2007 agreements were made by mocker <br />and Anthony and Marilyn Zellitti to resolve differences and, in reliance upon this, Zellitti Properties <br />withdrew the letter of November 27, 2007. Nevertheless, almost immediately thereafter, breaches <br />occurred when agreements made at the December 14, 2007 meeting were not followed upon. Zellitti <br />Properties tried unsuccessfully for a year to gain the compliance of Hacker and Anthony and Marilyn <br />Zellitti with agreements including a written lease agreement for the use of the pit and the access. <br />Zellitti Properties was unable to gain cooperation and compliance from them and eventually was forced <br />to terminate the rights of Hocker to continue to use the pit or the access to the pit. !Notification was <br />given to Hocker and Anthony and Marilyn Zellitti, on March 28, 2008 that use of Zellitti Properties <br />property, from whatever basis including access by Hocker Construction, was terminated effective April <br />30, 2008. Please refer to letter enclosed dated March 28, 200$_ A lawsuit was filed by Zellitti Properties <br />which is pending. Hocker and Anthony and Marilyn Zellitti have filed various counterclaims which have <br />no merit. Trial is set for October 2009. <br />In the meantime, without notice to Zellitti Properties, Anthony Zellitti and Barry Zellittl filed an <br />application for expansion of the pit onto the property where Anthony and Marilyn and Barry and Martha <br />