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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />IN THE MATTER OF ZELLITTI SANBD AND GRAVEL PIT, APPLICATION FOR 112c PERMIT <br />AMENDMENT, File No. M-1980-246 <br />ZELLITTI PROPERTIES REPLY TO LEGAL BRIEFS OF THE ATTORNEY GENERAL AND HOCKER <br />CONSTRUCTION, L.L.C. <br />1. Legal Right of access: <br />Hocker and the Attorney General argue that Hocker has a legal right of access that has <br />been establish to the expansion area over property other than the original pit area; and, that, <br />therefore, they have access. This ignores the fact that by definition they are requesting an <br />expansion of a pit where Hocker does not have access to the original pit area. Hocker originally <br />had this access but it was lost due to improper activity in the mine and the authority was <br />revoked. After authority has been revoked for access to the original pit, access can not be <br />established to allow an expansion of the original pit by arguing there is separate access to the <br />expansion. Hocker must have access to the entire pit or request a separate pit permit. As <br />Zellitti Properties correctly argues, not only the applicant must have access, but also the <br />Operator. See Division Rule 6.3.7: <br />6.3.7 EXHIBIT G - Source of Legal Right-to-Enter <br />Provide a description of the basis for legal right of entry to the site and to <br />Conduct mining and reclamation, for Owners of Record described in Rule <br />1.6.2(1)(e)(i). This may be a copy of access lease, deed, abstract of title, or <br />a current tax receipt. A signed statement by the Landowner and <br />Acknowledged by a Notary Public stating that the Operator/Applicant (emphasis <br />added) has legal right to enter and mine is also acceptable. <br />And the definition of Operator as follows: <br />(32) "Operator" means any person, firm, partnership, association, corporation, <br />or any department, division, or agency of federal, state, county, or municipal <br />Government engaged in or controlling a mining operation. <br />Bob Oswald of the Durango office of the Division, stated in his November 30, <br />2007 letter to Anthony Zellitti in the division files that, "An operator must obtain and <br />demonstrate such right-of entry from all land-owning parties. Without having full legal