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2009-09-11_ENFORCEMENT - M1980246
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2009-09-11_ENFORCEMENT - M1980246
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Last modified
8/24/2016 3:55:21 PM
Creation date
9/14/2009 1:45:12 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1980246
IBM Index Class Name
ENFORCEMENT
Doc Date
9/11/2009
Doc Name
Board Order
From
DRMS
To
Anthony Zellitti
Email Name
SSS
Media Type
D
Archive
No
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6. On May 20, 2009, the Division received a response from the Objector to the <br />April 30, 2009 letter requesting clarification and additional information. <br />7. All of the parties participated in a pre-hearing conference on June 19, 2009. <br />8. The hearing on this matter was continued from the July 2009 Board meeting to <br />the August 2009 Board meeting, pending the outcome of a mediation occurring between the <br />Applicant and the Objector as part of a civil action.' The mediation was not successful and <br />the matter was heard at the August, 2009 Board hearing. <br />9. All of the parties submitted written briefs in advance of the August 12, 2009 <br />hearing. <br />10. The Pre-Hearing Order was adopted by the Board without making any <br />additional changes or amendments to the issues before the Board. The issues before the <br />Board were therefore limited to whether or not the Applicant established a legal right of <br />entry to the area included within the permit amendment and whether all owners Of record of <br />land within 200 feet of the affected lands were properly noticed.2 <br />11. The current permit area and the area included in the amendment application <br />have different ownership interests. <br />12. The land included in the current permit held by Anthony Zellitti, is currently a <br />divided estate held by tenants in common. Anthony Zellitti and his wife Marilyn own 75% <br />of the surface and mineral estates as tenants in common with Zellitti Properties owning the <br />other 25%.3 Anthony Zellitti has a lease agreement with Hocker Construction granting <br />access to the current permitted area where Hocker Construction conducts the mining <br />operations. <br />13. The surface and mineral estates in the land included in the permit amendment <br />are severed. Anthony Zellitti and his wife Marilyn own 75% of the surface and mineral <br />estates as tenants in common. Zellitti Properties conveyed its 25% surface interest as a <br />tenant in common to Barry and Martha Zellitti (Anthony and Marilyn Zellitti's son and <br />daughter-in-law) by warranty deed in 1991. In the 1991 deed, Zellitti Properties reserved <br />from the conveyance a 25% interest in the mineral rights underlying the land. Therefore, in <br />the amended area, Zellitti Properties has no ownership of the surface rights and a 25% <br />tenants in common ownership of the mineral rights. <br />' The Objector and the Applicant are currently involved in a civil action regarding issues related to the gravel <br />operation. <br />z The issue of whether or not a reserved mineral right includes sand or gravel is not before the Board and is not one <br />that the Board could properly consider. Additionally, the issue of whether or not an ouster has occurred on lands <br />held by the parties as tenants in common is not before the Board. <br />3 In 1981, Wilma and Louis Zellitti (husband and wife) conveyed Louis Zellitti's ownership interests in the La Plata <br />county properties to Zellitti Properties, a partnership owned by Wilma and Louis Zellitti. Louis Zellitti passed away <br />in 2000. <br />Anthony Zellitti <br />Zellitti Pit Amendment Application Approval <br />M-1980-246 <br />2
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