2009-06-19_REVISION - M1980246 (13)

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STATE C" COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 COLORADO D 1 V I S 1 O N o r RECLAMATION MINING SAFETY BiI I Owens November 30, 2007 Gaver"or Russell George Executive Director Anthony Zellitti Ronald W. Cauany 2001 CR 300 Division DircK:tur Durango, CO 81301 Natural Resource Trustee Re: Zellitti Pit, Permit No. M-1980-246, Zellitti Properties and Right-of-Entry. Dear Mr. Zellitti, I have received a letter from the representatives of Zellitti Properties (copy of letter enclosed herewith) which states that Zellitti Properties is a legal partial owner of the affected 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 by Hocker Construction. The letter from Zellitti Properties includes a current La Plata County tax document showing Zellitti Properties as one-fourth (1/4) owner, which this office must consider as evidence of land ownership. The submittal appears to constitute a situation in which the operator now has less than full legal right-of-entry. At this time this Division is not aware of any action on your part or agreement which may exist that has remedied the apparent loss of the operator's right-of-entry. If there is no action or agreement, the permit may be found in violation, as explained below. Therefore, this Division requires a response from you which demonstrates that you have resolved this loss of right-of-entry or that you are working toward re-establishing it. Please be aware that establishing and maintaining the right to enter affected lands throughout the life of a permit is a requirement of obtaining the permit, pursuant to Section 34-32.5-112(1)(c)(IV) 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-entry there must be no mining or reclamation activity by the operator on the affected lands. 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 APPLICANT'S EXHIBIT 9 Office. of Office of Mined Land Reclamation Active and Inactive Mines