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-t r. <br />2855 MAIN AVENUE <br />SUITE B-101 <br />DURANGO, CO 81301 <br />R. NICHOLAS PALMER <br />ATTORNEY AT LAW. LLC <br />NICK@NPALMERLAW.COM <br />June 9, 2009 <br />Via E-Mail and U.S. Mail <br />Kate Pickford, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />691 County Road 233, Suite A-2 <br />Durango, CO 81301 <br />(970) 385-9000, VOICE <br />(970) 385-9030, FAX <br />ww" <br />JUN 2 2: 2009 <br />Divis N of ReclM890111, <br />Miming and Safety <br />RE: Anthony Zellitti, Permitee <br />File No. M-1980-246 <br />Permit Amendment (AM-02)-Application <br />Fourth Adequacy Review-Response to Item No. 2 <br />Dear Ms. Pickford: <br /> <br />'JUN 10 ZU09 <br />Duran. ;=`Id 0TlCe <br />Division c i:e; lamatiort? <br />`' Minilg and Safety <br />I represent Anthony Zellitti. I was provided a copy of your letter addressed to Jack <br />Nickerson in this matter, dated June 1, 2009, by A. Michael Chapman, attorney for Hocker <br />Construction, L.L.P. On behalf of Mr. Zellitti, I am writing in response to item no. 2 in your <br />letter. <br />The current permitted area is on two adjacent parcels of real estate in La Plata County, <br />Colorado. La Plata County Parcel No. 595103100006 is referred to as the Canyon Property, and <br />La Plata County Parcel Nos. 590534200801 and and 590534200802 are referred to as the Home <br />Property. Mr. Zellitti and his wife, Marilyn Zellitti, as tenants in common, own an undivided <br />75% interest in each of the parcels. Enclosed is the Affidavit of Anthony Zellitti., see ¶¶ 1-9. <br />Zellitti Properties owns the remaining undivided 25% interest in the Canyon Property. See the <br />Affidavit of Anthony Zellitti, $ 4. His son, Barry Zellitti, and daughter-in-law, Martha Zellitti, <br />own the remaining undivided 25% interest in the Home Property. See the Affidavit of Anthony <br />Zellitti, ¶¶ 6 & 9; see also the enclosed Affidavit of Barry Zellitti . <br />On behalf of himself and his wife, Anthony Zellitti granted and continues to grant the <br />right of entry on both the Canyon Property and Home Property to Hocker Construction, L.L.P. <br />for the purpose of access (both ingress and egress) and for all purposes associated with its <br />business operations, including, but not limited to, the mining, crushing, storing and hauling of <br />materials and equipment. See the Affidavit of Anthony Zellitti, ¶ 15. <br />It is well-settled under Colorado law that one tenant in common may solely possess the <br />property, solely use the property and permit others to use the property absent a finding by a court