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STATE OF COLORADO ?L <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />of Natural Resources 1 <br />f <br />1313 Sherman St., Room 215 ,Department <br />Denver, Colorado 80203 iL <br />Phone: (303) 866-3567 k' <br />FAX: (303) 832-8106 <br />0 <br />November 16, 2007 <br />Mr. William Newby <br />Mr. David Schneider <br />Agents for Zellitti Properties <br />10751 West 34th Place <br />Wheat Ridge, CO 80033 <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Re: Zellitti Pit, Permit No. M-1980-246, Division's Response to Statement of Partial <br />Ownership of Permitted Land. <br />Dear Mssrs. Newby and Schneider, <br />We are in receipt of your letter dated November 8, 2007, in which you demonstrate that <br />• you are authorized to act on behalf of Wilma Zellitti of Zellitti Properties, and which <br />letter contains a statement concerning the ownership of the land in the permit. Your letter <br />states that Zellitti Properties is a 25% owner of said land. The attachment to your letter is <br />a 1981 document showing the sale of real property from Louis Zellitti and Wilma Zellitti <br />to Zellitti Properties. <br />As you are aware, during the life of this permit there have been several modifications to <br />it, some of which required providing proof of land ownership and legal right-of-entry. <br />Also, as you are aware, the Division allows various forms of proof of ownership, that, <br />because we do not have the capability or authority to perform research of county records <br />or land title, we must accept if the applicant or permitted operator submits such as fact in <br />a signed and notarized document. <br />Up through the 1994 permit conversion, Louis Zellitti was included in the listed <br />landowners. It appears in the permit file that during the course of several more changes <br />over the succeeding years, that the names of Louis Zellitti and Zellitti Properties ceased <br />to appear as one of the named owners of the land. We accepted that as factual, and did <br />not require any form of proof showing that Louis Zellitti and/or Zellitti Properties had <br />sold their interest in the land. <br />We have placed your statement asserting your partial ownership, as well as this response <br />letter, in the permit file. If you obtain current documents from the county that show <br />Wilma Zellitti and/or Zellitti Properties to be an owner of the permitted land, we ask that <br />S you provide such to this office, in hopes that the additional, current ownership record will <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines