2009-06-10_PERMIT FILE - M1980246

• Permit No: M1980246
• IBM Index Class Name: PERMIT FILE
• Doc Date: 6/10/2009
• Doc Name: Response to fourth adequacy review
• From: R. Nicholas Palmer
• To: DRMS
• Email Name: KAP
• Media Type: D
• Archive: No

-t r.
2855 MAIN AVENUE
SUITE B-101
DURANGO, CO 81301
R. NICHOLAS PALMER
ATTORNEY AT LAW. LLC
[e-mail]
June 9, 2009
Via E-Mail and U.S. Mail
Kate Pickford, Environmental Protection Specialist
Division of Reclamation, Mining and Safety
691 County Road 233, Suite A-2
Durango, CO 81301
[phone], VOICE
[phone], FAX
ww"
JUN 2 2: 2009
Divis N of ReclM890111,
Miming and Safety
RE: Anthony Zellitti, Permitee
File No. M-1980-246
Permit Amendment (AM-02)-Application
Fourth Adequacy Review-Response to Item No. 2
Dear Ms. Pickford:

'JUN 10 ZU09
Duran. ;=`Id 0TlCe
Division c i:e; lamatiort?
`' Minilg and Safety
I represent Anthony Zellitti. I was provided a copy of your letter addressed to Jack
Nickerson in this matter, dated June 1, 2009, by A. Michael Chapman, attorney for Hocker
Construction, L.L.P. On behalf of Mr. Zellitti, I am writing in response to item no. 2 in your
letter.
The current permitted area is on two adjacent parcels of real estate in La Plata County,
Colorado. La Plata County Parcel No. 595103100006 is referred to as the Canyon Property, and
La Plata County Parcel Nos. 590534200801 and and 590534200802 are referred to as the Home
Property. Mr. Zellitti and his wife, Marilyn Zellitti, as tenants in common, own an undivided
75% interest in each of the parcels. Enclosed is the Affidavit of Anthony Zellitti., see ¶¶ 1-9.
Zellitti Properties owns the remaining undivided 25% interest in the Canyon Property. See the
Affidavit of Anthony Zellitti, $ 4. His son, Barry Zellitti, and daughter-in-law, Martha Zellitti,
own the remaining undivided 25% interest in the Home Property. See the Affidavit of Anthony
Zellitti, ¶¶ 6 & 9; see also the enclosed Affidavit of Barry Zellitti .
On behalf of himself and his wife, Anthony Zellitti granted and continues to grant the
right of entry on both the Canyon Property and Home Property to Hocker Construction, L.L.P.
for the purpose of access (both ingress and egress) and for all purposes associated with its
business operations, including, but not limited to, the mining, crushing, storing and hauling of
materials and equipment. See the Affidavit of Anthony Zellitti, ¶ 15.
It is well-settled under Colorado law that one tenant in common may solely possess the
property, solely use the property and permit others to use the property absent a finding by a court