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3. Rule 6.4.3 EXHIBIT C - Pre-mining and Mining Plan Map(s) of Affected Lands a.) The objection letter states that Zellitti Properties is not shown on the maps submitted in the amendment application as the partial adjacent landowner of the currently permitted property. Division of Reclamation, Mining, and Safety Responses The question raised by the above comment is related to Rule 6.4.3 of the Construction Materials Rules and Regulations, which states, "One or more maps may be necessary to legibly portray the following information: all adjoining surface owners of record." The Division, in its first adequacy letter, requested that the Applicant supply a map identifying the adjacent landowners to the proposed amended acreage. The Applicant supplied a copy of a map identifying the landowners that was obtained from the La Plata County GIS system. The map identifies the adjacent land in question as belonging to Anthony D. and Marilyn Zellitti et, als. It is clear, from this map, that Anthony and Marilyn Zellitti are not the sole owners of said property. Additionally, upon the request of the Division, the Applicant has submitted extensive information regarding the ownership of both the current permitted property and the amended area property, which clearly identifies Zellitti Properties' 25% tenants in common ownership interests. The record is quite clear as to both surface and mineral ownership of the property partially owned by Zellitti Properties. Division Comment The Division has determined that the Applicant has fulfilled the requirements related to Exhibit C in the amendment application. B. ISSUES RAISED THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD 1. Lease Agreement Between Permittee and Operator The objection letter refers to a lease between the permittee (Anthony Zellitti) and the Operator (Rocker Construction) who is conducting mining operations at the site and claims that the lease misrepresents Anthony and Marilyn Zellitti as the sole property owners of the permitted area. Division Response The Division does not regulate lease agreements between permit holders and Operators and has determined that this is a legal issue that should be handled by a court of law. III. DIVISION RECOMMENDATION It is the Division's determination that the Applicant has fulfilled all of the minimum requirements for approval of the proposed permit amendment for the Zellitti Pit, file M-1980-246. Therefore the Division is recommending approval of the amendment application. 7