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OBJECTIONS: <br />The Division received objections from the following individual curing the public comment period: <br />Objector <br />Wilma Zellitti <br />Zellitti Properties <br />10751 West 34th Place <br />Wheat Ridge, CO 80033-5459 <br />Dated Date Received <br />April 13, 2009 April 13, 2009 <br />II. ISSUES RAISED BY OBJECTING PARTY DURING THE COMMENT PERIOD: <br />Issues raised by the objecting party are listed below. The Division's response to objection issues follows. <br />Issues are listed under the section of the Construction Materials Rules and Regulations (Rules) to which <br />they pertain. Issues that the Division believes are not within the jurisdiction of the Division or Board are <br />listed afterwards. <br />A. ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD <br />1. Rule 6.3.7 - Source of Legal Right to Enter <br />a) The objection letter states that unresolved issues related to use of the; currently permitted <br />acreage has led Zellitti Properties to "terminate the rights of Hocker to continue to use the <br />pit or the access to the pit." As a result of this action, "A lawsuit was filed by Zellitti <br />Properties which is pending.... Trial is set for October 2009." The letter further states that <br />Zellitti Properties holds partial ownership of the mineral rights affiliated with the acreage <br />to be added to the permit through this amendment. <br />Division of Reclamation, Mining, and Safety Responses <br />The issues raised by this comment relate to Rule 6.3.7 - Source of Legal Right to Enter, which states that <br />with the application materials for obtaining a permit, the Applicant shall "Provide a description of the <br />basis for legal right of entry to the site and to conduct mining and reclamation," and 34-32.5-109(2)(a) <br />related to maintaining a reclamation permit for the life of the operation. <br />Therefore, the two issues raised above that are of concern to the Division are: <br />1. The Applicant is required to establish legal right of entry and the right to conduct mining on the <br />land being amended to the existing permit through this amendment application. The Division <br />believes, based on the deeds submitted to the Division, that Zellitti Properties has no ownership <br />of the surface rights and 25% tenants in common ownership of the mineral rights on this <br />acreage, and <br />2. The permittee is required to maintain legal right of entry throughout the lift; of the permit. This <br />relates to the current permit area, for which, the Division believes, Zellitti Properties has 25% <br />tenants in common ownership to the surface and mineral rights. <br />2