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

r*
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 2.15
?r- Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
November 30, 2007
Anthony Zellitti
2001 CR 300
Durango, CO 81301
--STATE CF COLORADO
Re: Zellitti Pit, Permit No. M-1980-246, Zellitti Properties and Right-of-Entry.
Dear 1vlr. Zellitti,
401ORADO
D I V I S I O N OF
RECLAMATION
MINING
SAFETY
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
I have received a letter from the representatives of Zellitti Properties enclosed herewith) which states that Zellitti Properties is a legal partialcopy(owner lettehre
ofaffected lands on which the Zellitti Pit is located, and that Zellitti Properties is
terminating the operator's right-of-entry to the permit area.
The permit is issued to you, Anthony Zellitti, and the site is operated
Construction. The letter from Zellitti Properties includes a current La Plata County t
document showing Zellitti properties as one-fourth (1/4) owner, which this o
consider as evidence of land ownershi ffice must
situation in
which the operator now has less than full legal right-Of-entry. to constitute i s Division
is not aware of any action on your part or agreement which may exist tha has reml edie n
the apparent loss of the operator's right-of-en d
permit may be found in violation, as explained
try. elow Therefore, this Division eq the
es a
response from you which demonstrates that you have resolved this loss of right-of-en
or that you are working toward re-establishing it. by
Please be aware that establishing and maintaining the right to enter affected lands
throughout the HL- of a pern:jit is a requirement of obtaining the permit, pursuant
Section 34-32.5-112(1)(c p to
)(M CRS of the Construction Materials Act, Rule 6.3.7 of the
Construction Materials Rules and Regulations, and as stated in the Performance Warranty provided by you at the time of application. An operator must obtain and demonstrate
such right-of-entry from all land-owning parties. Without having full legal right-of-
there must be no mining or reclamation activity by the operator on the affected landntry
At this time, having not yet received information from you, it appears to us that there may
be a question as to the full right of the operator (and the operator's contractor or lessee) to
enter upon the affected lands to operate under this permit. You are strongly urged to
respond promptly, and seek remedy to this situation if necessary. Until such time that
•
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Mined Land Reclamation Office of
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