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R. NICHOLAS PALMER <br />ATTORNEY AT LAW, LLC <br />2855 MAIN AVE., SUITE B-101 <br />DURANGO, CO 81301 <br />December 14, 2007 <br />Marla C. Underell, Esq. <br />McLachlan & Whitley, LLC <br />813 Main Avenue, Suite 308 <br />P.O. Box 2867 <br />Durango, CO 81302 <br />RE: Zellitti Gravel Pit <br />Permit No. M-1980-246 <br />La Plata County, CO <br />Dear Marla: <br />(970) 385-9000, VOICE <br />(970) 385-9030, FAX <br />Pursuant to our meeting on December 14, 2007, I am writing to confirm that Zellitti <br />Properties immediately withdraws its denial of access to the Zellitti Gravel Pit. <br />Zellitti Properties based its denial of access in its letter authored by William Newby and <br />David Schneider to the Division of Reclamation, Mining and Safety, dated November 27, 2007, <br />on the erroneous allegations that access was not duly authorized, and that "inaccurate and/or <br />false" information was provided in the permit application to the Division. However, the permit <br />application duly identified Louis A. Zellitti, the grantor of the interest to Zellitti Properties and a <br />partner of Zellitti Properties, as a surface owner and a source of the legal right-to-enter. Enclosed <br />are the pertinent portions of the subject permit application. Therefore, Zellitti Properties <br />immediately withdraws its denial of access to the Zellitti Gravel Pit, and will notify the Division <br />in writing that it has withdrawn its denial of access, and the allegations. <br />Please send a copy of letter to the Division to Mike Chapman, the attorney for Hocker <br />Construction, LLP, and me. Thank you for your prompt attention and professional courtesy in <br />this matter. <br />Sincerely, <br /> <br />Enclosures <br />cc: Bob Oswald <br />R. Nicholas Palmer <br />Anthony Zellitti <br />Mike Chapman, Esq. (Via E-Mail) <br />APPLICANT'S EXHIBIT 10