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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF ANTHONY ZELLITTI PERMIT AMENDMENT APPLICATION, <br />File No. M-1980-246 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 12, 2009 in Denver, Colorado for a hearing to consider a I I2c permit amendment <br />application where objections have been received. The file number is M-1980-246. Jack <br />Nickerson and Nick Palmer Esq. appeared on behalf of Anthony Zellitti, the applicant and <br />permit holder ("Applicant"), David Hall Esq. appeared on behalf of Hocker Construction <br />("Operator"), Wilma Zellitti, David Schneider, Stevan O'Brian, and Charles Powers, Esq. <br />appeared on behalf of Zellitti Properties ("Objector"). Steve Shuey and Assistant Attorney <br />General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and Safety <br />("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 112c operation that mines sand <br />and gravel. The site is located in Section 34, Township 34 North, Range 9 West, 10th <br />Principal Meridian, in La Plata County, Colorado. The site is located approximately 11.5 <br />miles southeast of Durango. <br />2. On January 26, 2009, the Applicant submitted an amendment application to <br />the current permit proposing to expand the current permit from 36 to 60.1 acres, adding 24.1 <br />acres. The expansion would amend the acreage to the north of the current permit boundary. <br />3. On March 13, 2009 the first of four weekly published notices appeared in the <br />local newspaper. <br />4. On April 13, 2009 the comment period ended. One letter of comment was <br />received on April 13, 2009 from Wilma Zellitti, Managing Partner of Zellitti Properties. <br />Zellitti Properties objected to the proposed permit amendment on a number of grounds. <br />5. On April 30, 2009, the Division sent a letter to the Objector requesting <br />clarification and additional information related to the issues raised in the April 13, 2009 <br />objection letter. <br />Anthony Zellitti <br />Zellitti Pit Amendment Application Approval <br />M-1980-246