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Kate Pickford, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />June 9, 2009 <br />Page -2- <br />A. Source of the Operator's/Applicant's legal right to enter and initiate a mining <br />operation on the Amended Acreage that is the subject of the Amendment. <br />Response: Please see the enclosed affidavits of Anthony Zellitti and Barry Zellitti (also <br />sent in a pdf attachment via email), and specifically paragraph 15 of Anthony Zellitti's <br />affidavit and paragraph 5 of Barry Zellitti's affidavit. These affidavits confirm that <br />Anthony and Barry Zellitti, on behalf of themselves and their spouses, granted and <br />continue to grant the right of entry to and from the real property that encompasses the <br />Amended Acreage (identified with La Plata County Parcel No. 595103100006 and <br />Parcel No. 590534200801) to Hocker Construction, L.L.P. for the purpose of access <br />(both ingress and egress) and for all purposes associated with its business operations, <br />including, but not limited to, the mining, crushing, storing and hauling of materials and <br />equipment. <br />Notably, Revision #1 of the Zellitti Pit Planned Amendment Mine Plan - Revised Access <br />Road Site (in the CDRMS file) depicts the location of the access road to the Amended <br />Acreage, showing that the entire access road is located on the real property owned by <br />Anthony and Marilyn Zellitti (as to an undivided 75% interest) and Barry and Martha <br />Zellitti (as to an undivided 25% interest). In addition, the mining plan submitted by Mr. <br />Nickerson (in the CDRMS files) makes clear that all mining associated with the <br />Amended Acreage will be conducted on the lands owned by Anthony and Marilyn Zellitti <br />(as to an undivided 75% interest) and Barry and Martha Zellitti (as to an undivided 25% <br />interest). <br />B. Identification of the Owners of Record of the Amended Acreage Land and <br />ownership of Surface and Mineral Rights of the Amended Acreage. <br />Response: Please see the enclosed affidavits of Anthony Zellitti and Barry Zellitti (and <br />sent in a pdf attachment via email), and specifically paragraphs 5 through 9 and 14 of <br />Anthony Zellitti's affidavit and paragraphs 1 through 4 of Barry Zellitti's affidavit, and the <br />conveyance deeds attached as exhibits to their affidavits. <br />The Zellitti affidavits and recorded deeds (attached as exhibits to the affidavits) confirm <br />the following with respect to the ownership of the Amended Acreage: <br />Minerals: Anthony and Marilyn Zellitti (as to an undivided 50% interest) <br />as tenants common with the heirs of Concetta Zellitti (as to <br />an undivided 25% interest) and Zellitti Properties, a general <br />partnership (as to an undivided 25% interest). <br />Surface and <br />Sand and Gravel: Anthony and Marilyn Zellitti (as to an undivided 75% interest) <br />as tenants common with Barry and Martha Zellitti (as to an