2009-05-20_REVISION - M1980246 (4)

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05/20/2009 15:41 FAX AM M-o0a- RECEIVED ZELLITTI PROPERTIES, a Partnership ? / MAY 2 0 2009 10751 West 34th Place Division of FiecL^mation, Wheat Ridge, CO 80033-5459 Miming and Safety May 19, 2009 t? ? v A l ? i ?U? 1313 Sherman Street Room 215 Denver, Colorado 80205 Re! Anthony Zellitti application for alteration of Zellittl Pit Permit # M-80-246 Dear Division of Reclamation Mining and Safety f A? I am responding to letter of Kate Pickfard, from your Durango field office, dated April 30, 2009 as follows: 001/011 Zellitti Properties is owner of a 2596 undivided interest in the surface and all mineral rights to the majority of the property underlying the existing Zellitti Pit. (see deed to said property enclosed). In 1991 Zellitti Properties deeded its surface rights only, and reserved all mineral rights, to the northerly portion of its property and reserved an access easement along the westerly boundary of said orooerty 20 feet wide from the norther! roe line to the souther) -roperty line. This reserved access easement coincides with the current access used by Hocker to access the Zellitti pit and is the current location of this road as it exists all along the westerly boundary of Anthony and Marilyn and Barry and Martha Zellitti's property beginning at the end of County Road 300. (See deed enclosed). On November 27, 2007, in a letter to the Division of Reclamation, Mining and Safety, Zellitti Properties notified the Division that the permission for legal right of entry and access of Hocker Construction was terminated between the parties. In a meeting on December 14, 2007 agreements were made by Hocker and Anthony and Marilyn Zellitti to resolve differences and, in reliance upon this, Zellitti Properties withdrew the letter of November 27, 2007. Nevertheless, almost immediately thereafter, breaches occurred when agreements made at the December 14, 2007 meeting were not followed upon. Zellitti Properties tried unsuccessfully for a year to gain the compliance of Hocker and Anthony and Marilyn Zellitti with agreements including a written lease agreement for the use of the pit and the access. Zellitti Properties was unable to gain cooperation and compliance from them and eventually was forced to terminate the rights of Hocker to continue to use the pit or the access to the pit. Notification was given to Hocker and Anthony and Marilyn Zellitti, on March 28, 2008 that use of Zellitti Properties property, from whatever basis including access by Hocker Construction, was terminated effective April 30, 2008. Please refer to letter enclosed dated March 28, 2008. A lawsuit was filed by Zellitti Properties which is pending. Hocker and Anthony and Marilyn Zellitti have filed various counterclaims which have no merit. Trial is set for October 2009. In the meantime, without notice to Zellittl Properties, Anthony Zellitti and Barry Zellitti filed an application for expansion of the pit onto the property where Anthony and Marilyn and Barry and Martha