2009-06-01_PERMIT FILE - M1980246

• Permit No: M1980246
• IBM Index Class Name: PERMIT FILE
• Doc Date: 6/1/2009
• Doc Name: Fourth adequacy review
• From: DRMS
• To: Jack Nickerson
• Email Name: KAP
• Media Type: D
• Archive: No

STATE OF COLOFADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
CGIEPIM
U 5 2009
Division of F;ec QM&tim,
Min lg and Saf*
COLORADO
D I V I S ION OF
RECLAMATION
MINING
SAFETY
June 1, 2009
Jack Nickerson
27654 County Rd. P
Dolores, CO 81323
RE: Anthony Zellitti, File No. M-1980-246 Zellitti Pit 112(c) Permit Amendment (AM-02)
Application - Fourth Adequacy Review
Dear Mr. Nickerson,
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Listed below are adequacy review comments for the Zellitti Pit 112 (c) Permit Amendment Application, File No.
M-1980-246. Due to comments received regarding the application, the decision date for this amendment
application has been extended to June 10, 2009. The Division of Reclamation, Mining, and Safety (Division) is
required to make a decision by June 10, 2009. Therefore, your response to the following adequacy review
concerns should be submitted to the Division as soon as possible.
6.4.14 Exhibit N - Source of Legal Right to Enter & 6 4 15 Exhibit O - Owner(s) of Record Land
(Surface Area) and Owners of Substance to be Mined
These exhibit require the Applicant to submit the. source of the Operator's/Applicant's legal right to enter
and initiate a mining operation on the affected land and to identify the owners of record of the land and
the substance to be mined. The submitted materials refer to the original application regarding these
issues. In that the amendment relates to different property than the original application, the Division
requires that the applicant submit materials addressing these issues for the amended acreage.
Additionally, the comments received by Zellitti Properties, raises questions as to the ownership of surface
and mineral rights on the area proposed in the amendment. Please submit information identifying the
ownership of the amended property with regard to both surface and mineral rights.
2. C.R.S. 34-32.5-109(2)(a), requires the Operator to maintain legal right of entry throughout the life of the
permit. The objection letter submitted by Wilma Zelletti, regarding right of entry raises a question as to
the operator's current legal right of entry onto the permitted property. Therefore the Division needs proof
of legal right of entry onto the currently permitted acreage. In the absence of this proof, the Division
needs evidence of the Operator's efforts to secure this access.
Please be advised that the Anthony Zellitti, Zellitti Pit 112(c) Permit Amendment Application will require a
decision by the Mined Land Reclamation Board due to comments received, unless the objecting party withdraws
the submitted comments. Additionally the application may be deemed inadequate, and the application may be
denied June 10, 2009 unless the above mentioned adequacy review items are addressed to the satisfaction of the
Division. If you feel more time is needed to complete your reply, the Division can grant an extension to the
decision date. This will be done upon receipt of a written waiver of your right to a decision by June 10, 2009 and
request for additional time. This request must be received no later than June 10, 2009. Please be aware that
depending on the answers that are received regarding the above adequacy issues, the Division may have further
adequacy questions.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines