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mailed to 2001 CR 300, Durango, Colorado, 81303, which is the address of Anthony Zellitti. No Partner <br />• or agent of Zellitti Properties resides or works at that address and further the applicant has been well <br />aware for years the address of Zellitti Properties' General Partner and its managing agent is in Wheat <br />Ridge, CO. <br />Zellitti Properties first became aware of this application because around that time, its land man <br />and agent (or representative), David Schneider, happened to be checking the Division records for other <br />reasons and your agent, Kate Pickford, advised him of a pending application for amendment. The <br />Division was notified then by Mr. Schneider that no notice had been received. Only then, on March 26th <br />was a notice received by Zellitti Properties at my proper address here in Wheat Ridge, CO. It seems <br />inappropriate to grant an amendment to a permit holder and an operator who have so frequently <br />violated the rules and so flagrantly attempted to prevent relevant landowners from commenting as is <br />their right and has frequently filed material misstatements in official documents. The application, page <br />6, line 2. Initialed by the applicant states, "The board may suspend or revoke this permit, or assess a civil <br />penalty, upon finding that ...information contained in the application or your permit misrepresents <br />important facts." As of this time, the Applicant refuses to acknowledge on the maps or on the map <br />ledger in your file the ownership interest of Zellitti Properties. <br />Zellitti Properties further objects to the proposed extension of the permit because the existing <br />pit is largely on land owned by Zellitti Properties and Zellitti Properties' property will be used for access <br />and related operations. Zellitti Properties objects to use of its lands for access and operations without <br />its permission. If there is no access to the original pit, whether that access or not is actually used in the <br />proposed extension, the original pit permit is inappropriate and the application should be denied. <br />0 Zellitti Properties further objects because the proposed extension is for a projected five years of <br />active mining on properties not owned by Zellitti Properties. Meanwhile the original pit permit remains <br />open and the lands not reclaimed. Zellitti Properties' property will not be reclaimed or remediated <br />while Zellitti properties receives no benefit from the application for amendment. The extension of the <br />original permit is thus not in Zellitti Properties interest and it represents an extended degradation of its <br />lands which remain unclaimed for an unnecessarily long period of time. <br />Zellitti Properties respectfully requests the application for amendment and extension of the <br />Zellitti Pit be denied. Zellitti Properties requests a hearing according to law and procedure. <br />V&West3,f ZG ne I Partnership <br />Bin artner <br />1Wheat Ridge, CO 80033-5459 <br /> <br />•