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Kate Pickford, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />June 9, 2009 <br />Page -3- <br />undivided 25% interest). Note that the December 1991 <br />deed transferring title to the real property that encompasses <br />the Amended Acreage to Barry and Martha Zellitti reserved <br />only minerals and did rat reserve sand and gravel. <br />Accordingly, under Colorado law, 25% of the sand and <br />gravel rights for the Amended Acreage (then owned by <br />Zellitti Properties) transferred to Barry and Martha Zellitti in <br />1991. <br />Also enclosed is another copy of the title commitment obtained from Colorado Land <br />Title Company, LLC that provides the legal description and ownership information <br />relating to the real properties owned by Anthony and Marilyn Zellitti (as to an undivided <br />75% interest) and Barry and Martha Zellitti (as to an undivided 25% interest), and which <br />encompass the Amended Acreage at issue with the Amendment. <br />I believe the information provided in this letter fully addresses the questions posed in <br />your June 1, 2009 letter. To the extent you have additional questions or need <br />additional information, please do not hesitate contacting me. <br />Very truly yours, <br />SHAND, NEWBOLD & CHAPMAN, P.C. <br />A Michael CVan <br />A( C/st <br />Enclosures to mailed letter <br />and attachments to email: <br />Anthony Zellitti affidavit w/ exhibits; <br />Barry Zellitti affidavit w/ exhibit; and <br />CLT title commitment. <br />c : Jeff Fugate, Esq. via email <br />Nick Palmer, Esq. via email <br />EAWP15 2 4111 81Lettets%S-B-oB CDRMS Responso doc