2009-06-16_ENFORCEMENT - M1980246

• Permit No: M1980246
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/16/2009
• Doc Name: Additional Information
• From: Wilma Zellitti
• To: DRMS
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
epartment of Natural Resources
313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
February 20, 2009
Jack Nickerson
27654 County Rd. P
Dolores, CO 81323
STATE OF COLORADO
F.1"D
FEB 2 3 2009
Division of Reclamation,
Mining and Safety
COLORADO
D IV[ s l ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Anthony Zellitti, File No. M-1980-246 Zellitti Pit 112(c) Permit Amendment (AM-02)
Application - Adequacy Review
Dear Mr. Nickerson,
Listed below are adequacy review comments for the Zellitti Pit 112 (c) Permit Amendment Application,
File No. M-1980-246. The decision date for this amendment application is April 27, 2009. The Division
of Reclamation, Mining, and Safety (Division) is required to make a decision by April 27, 2009.
Therefore, your response to the following adequacy review concerns should be submitted to the Division
• as soon as possible.
1. As required by Rule 1.6.5 (2), please submit the proof of publication of the public notice circulated
in the local newspaper and all owners of record of surface lands, and easement holders that are on
the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be
return receipts of a Certified Mailing or proof of personal service.
Rule.6.4.1 Exhibit A - Legal Description
2. The submitted exhibit states that all of the lands involved in the amendment are owned by Anthony
and Barry Zellitti. County records identify the owners of the affected land as Anthony and Marilyn
Zellitti and Zellitti Properties. Please clarify this discrepancy.
Rule 6.4.3 Exhibit C - Pre-mining and Mining Plan Map(s) of Affected Lands
3. Section (a) of this rule requires the map(s) to portray all adjoining surface owners of record. The
submitted maps do not identify this information. Please submit maps that contain the identified
information.
For your information, please note the enclosed responses from the Office of the State Engineer, the U.S.
Army Corps of Engineers, and the Office of Archaeology and Historic Preservation and address any
issues raised in these letters in your response to this letter.

Please be advised that the Anthony Zellitti, Zellitti Pit 112(c) Permit Amendment Application may be
• deemed inadequate, and the application may be denied April 27, 2009 unless the above mentioned