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<br />Rationale for Recommendation of Approval <br />112 construction Materials Amendment Application, MEMO <br />Anthony Zellitti <br />Zellitti Pit, File No. M-1982-246 JUN 19 2009 <br />June 15, 2009 DhAsim of RecLwatios, <br />Miffing and Safety <br />INTRODUCTION <br />The application proposes to add 24.1 acres to an existing, permitted gravel operation, resulting in a <br />permit consisting of 60.1 total acres. The site is located approximately 11.5 miles southeast of the city <br />of Durango. The current permit and the proposed amendment area involve excavation of material and <br />onsite crushing and stockpiling, for the production of gravel to be used as road base. The property on <br />which the existing permit is located is owned jointly by Anthony & Marilyn Zellitti. (75% owner) and <br />Zellitti Properties (25% owner) as tenants in common. Zellitti Properties is the successor in interest to <br />Louis Zellitti, the former 25% owner of the property. The surface rights of the property proposed to be <br />added to the permit in the amendment application is jointly owned by Anthony and Marilyn and Barry <br />and Martha Zellitti as tenants in common. Zellitti Properties possesses a 25% ownership as tenant in <br />common with Anthony and Marilyn Zellitti of the mineral rights beneath the surface area addressed in <br />the amendment application. The permit holder, Anthony Zellitti, has a lease agreement with Hocker <br />Construction, who conducts mining operations at the site. <br />HISTORY <br />• On January 5, 2009 the Division of Reclamation, Mining and Safety (Division) received an <br />amendment application for the proposed, additional acreage. <br />• On January 26, 2009 the amendment application was found complete. <br />• On March 2, 2009 the first of four, weekly published notices appeared in the local newspaper. <br />• On April 13, 2009 the comment period ended. One letter of comment was received on this <br />date. <br />• On April 30, 2009 the Division sent a letter to the single objector requesting; clarification on <br />some of the issues raised in the comment letter and additional information related to some of <br />the issues. <br />• On May 19, 2009, notices of the July Board hearing on July 8th and 9th and scheduling of a pre- <br />hearing conference on June 19, 2009 at 11 AM at the Division's Durango Field Office were <br />sent to all parties. <br />• On May 20, 2009 the Division received a response to the Division's clarification request letter <br />mailed on April 30, 2009. <br />• On June 10, 2009, the Board found Anthony Zellitti in violation of C.R.S. 34-32.5-116(4)(i) for <br />failure to protect areas outside the affected land from slides or damage during the mining and <br />reclamation operation, due to Hocker Construction having disturbed 5.1 acres outside of the <br />existing permit boundary. As a result, the Board issued corrective actions which consisted of <br />requiring the permittee to include the disturbed acreage in a permit. This amendment fulfills <br />this portion of the Board's corrective actions.