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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2009-019 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF ANTHONY ZELLITTI NOTICE OF POSSIBLE VIOLATION, <br />CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL PENALTIES, File <br />No. M-1980-246 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on June <br />10, 2009 in Denver, Colorado for a hearing to consider a possible violation, cease and desist <br />order, corrective actions and civil penalties for failing to protect areas outside of the affected <br />land from slides or damage occurring during the mining operation and reclamation and for <br />failing to first obtain a permit prior to engaging in a new mining operation. The file number <br />is M-1980-246. Jack Nickerson and Barry Zellitti appeared on behalf of Anthony Zellitti the <br />permit holder ("Permittee"), and Ricky Hocker appeared on behalf of Hocker Construction <br />("Operator"). Steve Shuey and Kate Pickford appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, hereby enters the following findings of fact, <br />conclusions of law and order. <br />FINDINGS OF FACT <br />1. This site known as the Zellitti Pit, is a Section 112(c) operation that mines <br />sand and gravel. The site is located in Section 34, Township 34 North, Range 9 West, 10,' <br />Principal Meridian, in La Plata County, Colorado. The permit area is approximately 36 <br />acres. <br />2. On January 26, 2009, the Permittee submitted an amendment application to the <br />current permit proposing to expand the current permit from 36 to 60.1 acres. The expansion <br />would amend the acreage to the north of the current permit boundary. The application is <br />currently being reviewed by the Division. <br />3. On April 27, 2009, the Operator reported to the Division that mining may have <br />occurred outside of the permit boundaries at the site. <br />4. The Division conducted an inspection on April 28, 2009. During the <br />inspection Mr. Hocker stated that the question of the location of the permit boundary had <br />Anthony Zellitti <br />Zellitti Pit <br />W-2009-019